TERMS & CONDITIONS
A legal disclaimer
Each time you access or use NanoAi Technologies’ online and/or mobile services and websites, including but not limited to any NanoAi Technologies mobile application and browser extension or plugin (collectively the “NanoAi Technologies Apps”), regardless of where it is downloaded from, and any software, service, feature, product, program and element provided by or on behalf of NanoAi Technologies on or in connection with such services or websites (collectively, the “Site”), including, but not limited to, any products, programs, and services described in these Terms of Service, (a) you represent that you have read and understand the Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”).
The Site is made available for use only by individuals searching for opportunities to sell products from approved stores on NanoAi Technologies (“Sellers”), by individuals and/or brands/manufacturers with legal products creating stores to sell in NanoAi Technologies approved geographic areas (“Stores”), and by individuals and/or organizations seeking to purchase products from approved sellers and stores on NanoAi Technologies (“Buyers”). You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose. If you are accessing or using the Site in your capacity as a manager or other representative of a Store, you are agreeing to this Agreement on behalf of yourself and such Store, as applicable, and you represent and warrant that you have the authority to bind such Store, as applicable, to this Agreement. You acknowledge that NanoAi Technologies owns a copyright in the Site, NanoAi Technologies Apps, and Services, including in compilations of information available through any of the foregoing.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend at the top of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
This Agreement hereby incorporates by this reference any additional terms and conditions posted by NanoAi Technologies through the Site, or otherwise made available to you by NanoAi Technologies.
NanoAi Technologies General Terms of Service
Last Updated: September 4, 2020
A. Terms of Service for Sellers
1. Brand and Store Listings
NanoAi Technologies, which is free to those individuals searching for products to sell (“Sellers”), may make available Brands and Stores available through NanoAi Technologies search results or otherwise through the Site. Searching for products on NanoAi Technologies is free for Sellers. Except for sponsored, featured, or paid placements, the Stores contained on, the Site are indexed or posted in an automated manner. NanoAi Technologies has no obligation to screen any Stores, or to include any Stores in its search results or other listings and may exclude or remove any Stores from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Product or other information submitted by any Store or other user, including the identity of such Store or other user. NanoAi Technologies assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Stores, Product Descriptions, and reviews. Additionally, NanoAi Technologies may provide search options to narrow down Stores search results by product categories, and such categories are created independently and entirely by NanoAi Technologies and may not directly or accurately reflect the content of the Stores. NanoAi Technologies may reformat Product Descriptions so that you may read them more clearly on a mobile phone. NanoAi Technologies displays Stores based on relevance to search terms and other activity on NanoAi Technologies. You are not permitted to use NanoAi Technologies’ Site or its content other than for opportunities and relationships on the NanoAi Technologies site. For purposes of this Section A of the NanoAi Technologies General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Seller.
2. Seller Profile & Store
By creating a public user account through the Site, you are requesting and authorizing NanoAi Technologies to make available your profile and store to third parties, such as Stores (Brands/Manufacturers), that NanoAi Technologies believes may have an interest in you as a Seller. By creating a profile and store on NanoAi Technologies (an “NanoAi Technologies user account”), NanoAi Technologies may share with you Stores that match the contents of your NanoAi Technologies Profile. NanoAi Technologies assumes no responsibility and disclaims all liability for the profile information you post, send, or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact NanoAi Technologies to do so. To protect your privacy, NanoAi Technologies may mask or hide your contact information, such as your email address.
NanoAi Technologies may also automatically send you recommended stores via the email address you use to create an NanoAi Technologies user account or store. NanoAi Technologies may determine what these recommended stores are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself (including in your NanoAi Technologies Profile), searches you run on the Site, stores you click on, stores you friend, or trending Products and Stores on NanoAi Technologies.
3. Store Friending on NanoAi Technologies
Any store friending request that you submit through the Site, is subject to this Agreement and to NanoAi Technologies’ Privacy Policy. Once you provide information to a Store, NanoAi Technologies does not have control over the Employer’s use or disclosure of that information. NanoAi Technologies may use your Profile to determine whether you may be interested in a Store, and NanoAi Technologies may reach out to you about such Store Friending opportunity. NanoAi Technologies may store such information regardless of whether a Store has been closed or is no longer available on the Site. To maintain the quality of the Site and Services, NanoAi Technologies in its sole discretion may impose limits on your ability to apply to Stores. In addition, when you indicate your interest in a Store Friending opportunity through NanoAi Technologies, and you are requesting and authorizing NanoAi Technologies to make available such Profile information to the applicable Store(s) for such Selling opportunities. When you ask NanoAi Technologies to transmit a request or a message, to a Store via NanoAi Technologies Apply or NanoAi Technologies’ relay system, or store such application, you understand that this is without warranty, and that NanoAi Technologies reserves the right to reformat such application or message.
When you request to Store Friend a Store using NanoAi Technologies, we will attempt to send your request to the contact information provided to us by a Store or their Agent. We cannot guarantee that such messages and applications will be accessed, read or acted upon. NanoAi Technologies also does not guarantee that any Store will receive, be notified about, access, read or respond to any such request or that there will be no mistakes in the transmission or storage of the data. However, NanoAi Technologies may alert you when any of the above events occur. In addition, we cannot vouch for the validity of the contact information provided to us by Stores. We also cannot vouch for the technical capabilities of any Stores.
By using NanoAi Technologies, you agree that NanoAi Technologies is not responsible for the content of the Store’s brand and product descriptions. NanoAi Technologies does not guarantee the validity of a products and brands and cautions Sellers to verify the validity of a products before taking a strong stance on a product.
4. Communications and Other Actions on the Site
When you view, send, store, or receive materials through or using the Site, NanoAi Technologies may, for example, use such materials for data analysis, quality control, or to refine the Site or any other NanoAi Technologies product or service (including to provide better search results and other listings for Sellers and Stores), whether via automated means or otherwise. Additionally, we may also inform you that a Store has taken other actions with regards to a Store or Product, or your request, such as removing or replacing a Store or Product, viewing your Store Friending request, responding to your Store Friending request, and making a decision with regards to your Store Friending request. NanoAi Technologies may inform the Store about activities you take on the Site or your use of the Site, for example, whether you are online on NanoAi Technologies, and you hereby consent to NanoAi Technologies taking such actions.
You may receive messages, including but not limited to text messages, emails or email notifications corresponding with your activity on or use of the Site, In all cases, such messages or notifications are provided solely as a courtesy. NanoAi Technologies disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
5. Virtual Communications Outside NanoAi Technologies
Stores may attempt to contact you regarding opportunities outside of NanoAi Technologies. If the relationship was discovered on NanoAi Technologies, this external communication is prohibited. You understand that NanoAi Technologies is providing a service to connect Sellers and Stores and communication with matches made on NanoAi Technologies outside of NanoAi Technologies will result in permanent removal of Seller and Store user accounts. It is the Sellers responsibility to report all prohibited communication from Stores to: compliance@NanoAi Technologies.com.
6. NanoAi Technologies Product Reviews
NanoAi Technologies Product Reviews is an online tool for the review of Products and Stores selected by Sellers through the Site. Sellers may use the NanoAi Technologies Product Review tool to assess products and publish reviews to the Site, to which reviews may be shared with third party sites and Apps.
NanoAi Technologies does not have any obligation to screen any review or to include any review in the Site and may exclude or remove any review from the Site for any or no reason without liability or notice.
As a Seller, you consent to your reviews, being processed, and analyzed by NanoAi Technologies according to this Agreement and NanoAi Technologies’ Privacy Policy. You are requesting and authorizing NanoAi Technologies to make your Response available on the Site and App for public view. You understand that this is without warranty, and that NanoAi Technologies reserves the right to display or reformat reviews in a manner to permit general users to review your reviews together with reviews from other Sellers. You also acknowledge that once you have requested that NanoAi Technologies post your review that request cannot be canceled. You agree that Stores may utilize your Product reviews to promote their products and Stores on NanoAi Technologies and third-party Sites. You release and authorize your Product Reviews to be used in this manner.
As a Seller, you shall not create or send any review which: (i) contains any highly confidential personal information, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country; (ii) contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication or (iii) directly or indirectly violates the Site Rules.
7. NanoAi Technologies Campus
NanoAi Technologies may provide some information and content to users for informational purposes only. For example, NanoAi Technologies may provide you with educational information, tips and tricks on growing a gig business This information provided by NanoAi Technologies is based on opinion and given for informational purposes only and without warranty and is subject to change or varying levels of accuracy.
Similarly, personal promotion or marketing related information provided by NanoAi Technologies is for informational purposes only and is in no way to be construed as professional career counseling or business advice. You understand that NanoAi Technologies may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue building your business and success in being a Seller. You also understand that by referring to or using such guides, you are not guaranteed a successful store and income. As a user of the Site, NanoAi Technologies may, from time to time, send you emails from Campus as part of its services to you. These emails may include but not be limited to tips on improving your Profile or how to use your Store effectively in, commonly used product review tips, and how to prepare for a post.
8. Your Seller Data
As a Seller, you take a variety of actions on our Site. For example, you search for Stores, and NanoAi Technologies knows and stores the names of products you search for and click on, those product categories, the price point of those products your amount of activity or time of most recent activity on NanoAi Technologies, information you provide directly to NanoAi Technologies including user information, or any of your other behavior on the Site. You know exactly what this data is because you are the person who undertook the activity, and the data pertains only to your activity. If you have a NanoAi Technologies account, you agree that NanoAi Technologies may associate this data with your NanoAi Technologies Profile and use this observed factual data to suggest stores and products to you and to suggest you or your public profile to Stores that might be interested in a seller who matches your behavior on NanoAi Technologies. You also agree that NanoAi Technologies may contact you based on this observed behavior on behalf of Stores or NanoAi Technologies itself.
9. Posting
NanoAi Technologies may make posting tools available to Sellers for Seller use in the sales process, including the ability to create written content and image content to be pushed to third party Apps and Sites. NanoAi Technologies is licensing these tools for Sellers’ use. Seller agrees that Seller is solely responsible for content posted to NanoAi Technologies and third-party accounts originated from the Seller’s user account. Seller agrees that content that is in violation of NanoAi Technologies Site Rules will be removed from NanoAi Technologies and NanoAi Technologies may ask Seller to remove content in question from third party sites. NanoAi Technologies assumes no responsibility and disclaims all liability for the content posted to NanoAi Technologies and third-party sites if it is a violation of Store owner communication policies. NanoAi Technologies reserves the right to suspend or delete Seller’s NanoAi Technologies user account if Seller violates Site Rules at NanoAi Technologies’ discretion and interpretation.
10. Platform Fees, Seller Fees and Payment Processing
Seller acknowledges that NanoAi Technologies collects a platform fee of 5% on every retail transaction before Seller fee is calculated. Seller will receive their fee once platform and transaction fees are deducted. Seller agrees that Stores set the Seller Fee for their own Store and NanoAi Technologies has no control over that fee, its at the Store’s discretion to raise or lower that fee. Seller acknowledges that NanoAi Technologies may or may not use third party payment processor to process fee payments and transactions on the NanoAi Technologies Site and App. Seller agrees to be directed through NanoAi Technologies third party processor in order for third party processor to collect all required Seller information to complete transactions. Seller agrees to all terms of use provided by third party processor.
11. Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of California, United States of America Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in San Diego County, California, U.S.A., Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in San Diego County, California, U.S.A.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
B. Terms of Service for Stores
The following terms and conditions apply to all Stores and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding Products for sale, on their behalf or other’s behalf, including but not limited to Brands, Manufacturers and users or otherwise indicate their acceptance to this Agreement. For purposes of this Section B of the NanoAi Technologies General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Store.
1. Store Accounts
When you create a NanoAi Technologies account, a Brand Store or post products for sale on the Site, you agree that this Agreement, the terms associated with any NanoAi Technologies service you are using, and all NanoAi Technologies’ policies, including the NanoAi Technologies Privacy Policy apply to you.
As a Store, your account is for business use and not for personal use. NanoAi Technologies is not responsible for and disclaims all liability if your Store data is used improperly or falsely by Seller or a third party. By registering for a NanoAi Technologies account, you agree to receive mandatory email updates regarding anomalous activity to your NanoAi Technologies account. If you attempt to send an email from a name or email address that is not true, accurate, current, or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.
2. Store Information Including Product Accuracy
You agree that you are responsible for the contents of your Store description, all product descriptions including variations, sizing, and all product details including pricing and agree that NanoAi Technologies is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that NanoAi Technologies may reject or remove any products, any part of any Store Profile, or any content for any or no reason.
When you use the NanoAi Technologies platform, you acknowledge and agree that NanoAi Technologies may, on your behalf, send out reminder emails to Sellers you wish to Store Friend. NanoAi Technologies may also send emails to Sellers on your behalf indicating that your Store is potentially a match for the Seller.
You shall indemnify, defend, and hold harmless NanoAi Technologies, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Store Page created by you, or any product listing posted by you, or any message sent by you.
When you view, send, store or receive materials through or using the Site, NanoAi Technologies may, for example, use such materials for data analysis, quality control, or to refine the Site or any other NanoAi Technologies product or service (including to provide better search results and other listings for Sellers, Stores and Buyers), whether via automated means or otherwise. When you view, send, store or receive materials through or using the Site or when you simply use or visit the Site, NanoAi Technologies may inform a Seller that you have taken an action, for example, with regards to viewing a Seller Profile, or Store Friending request, and you hereby consent to NanoAi Technologies taking such actions.
NanoAi Technologies, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Marketplace Store” or “Verified Store”. NanoAi Technologies shall determine the method by which such labels or badges are determined, or which Stores qualify. The lack of a label or badge may indicate that NanoAi Technologies does not have sufficient data to determine if a Store qualifies.
3. Seller Match
NanoAi Technologies may use Sellers’ profile information and activity on NanoAi Technologies (including past product reviews) and the recency of their activity on NanoAi Technologies to determine whether the words of their profile and product posts match the words of your Store or Product listings, vice-versa. You further agree and consent that NanoAi Technologies may differentiate those matching profile and product posts from those that do not match and present them to you as matches or not matches. NanoAi Technologies may also use such information to improve the Site or any other NanoAi Technologies product or service (including by displaying or otherwise making available potentially relevant Stores and products to Sellers).
NanoAi Technologies does not guarantee that Store will receive matches or sales because of using the NanoAi Technologies platform. It is the sole responsibility of the Store to market to Sellers and make their NanoAi Technologies offering attractive to Sellers on NanoAi Technologies. This includes but is not limited to Store design graphics and content, product offering and pricing, product images, and Seller Fee. Stores acknowledges that it is the Stores sole responsibility to set Store payout to Seller’s and that the fee percentage may have a direct impact on the store performance. You agree that NanoAi Technologies is not responsible for the performance of your Store and disclaims all liability for performance not meeting your expectations.
4. Store Servicing Responsibilities
You agree that you are responsible for all store servicing responsibilities including but not limited to order fulfillment, customer service, return processing. You agree that any and all labor and cost associated with these servicing responsibilities are assumed by you for any and all Stores and Products on NanoAi Technologies. You acknowledge that it is your responsibility to monitor NanoAi Technologies for orders and communication related to orders. You agree that NanoAi Technologies is not responsible for any fulfillment inaccuracy or cost associated with fulfillment issues. You also agree that NanoAi Technologies is not responsible for any duties or cost associated with returned products for any reason. This is the sole responsibility of the Store and the owner of the Store.
5. Store Return/Refund Policy
NanoAi Technologies takes a Buyer supported approach to servicing returns. The NanoAi Technologies Platform will act as an intermediary for return processing. Store is required to offer refunds on all defective, damaged, and incorrect products regardless of whether or not Store chooses to have a return policy. If you have a return policy for defective, damaged or incorrect products Store is required to provide return shipping labels for any products fitting this description. If Store requires Buyer to return defective, damaged and incorrect products Store must be willing and able to ship replacement goods within five days or offer Buyer a refund.
6. NanoAi Technologies Product Reviews
NanoAi Technologies Product Reviews is an online tool for the review of Products and Stores through the Site. NanoAi Technologies facilitates and provides the tools for Sellers to review and publish products and store reviews, to which reviews may be shared with third party sites and Apps.
NanoAi Technologies does not have any obligation to screen any review or to include any review in the Site and may exclude or remove any review from the Site for any or no reason without liability or notice.
As a Store, you consent to original content being created by your approved sellers about your products and store. You also consent to your product and store reviews, being processed, and analyzed by NanoAi Technologies according to this Agreement and NanoAi Technologies’ Privacy Policy. You are requesting and authorizing NanoAi Technologies to make product and store reviews available on the Site and App for public view. You understand that this is without warranty, and that NanoAi Technologies reserves the right to display or reformat reviews in a manner to permit general users to review your reviews together with reviews from other Sellers. You also acknowledge that once you have requested that NanoAi Technologies post a review about your product or store that request cannot be canceled. You also acknowledge that Sellers may post reviews to third party sites for promotion purposes, NanoAi Technologies is not responsible for the content of any review and disclaims all liability for content posted about Store or products on NanoAi Technologies or third party Sites.
As a store owner you understand that you may utilize your Product reviews to promote your products and Stores on NanoAi Technologies and third party Sites.
Sellers are not permitted to create or send any review which: (i) contains any highly confidential personal information, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country; (ii) contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication or (iii) directly or indirectly violates the Site Rules. If you discover review content that violates any of the rules above it is your responsibility to report it to compliance@NanoAi Technologies.com.
7. Communication through NanoAi Technologies and Interaction with Sellers
You may receive messages, emails or email notifications corresponding with your activity on or use of the NanoAi Technologies Site or App. In all cases, such messages or notifications are provided solely as a courtesy. NanoAi Technologies disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
NanoAi Technologies by nature of its function provides Stores with the opportunity to match and connect with Sellers that generate sales of products using the NanoAi Technologies platform. Store understands that all connections with Sellers initiated because of use of the NanoAi Technologies platform are to be conducted only on the NanoAi Technologies platform. Any communication outside of the NanoAi Technologies platform with Sellers is prohibited and will result in Store and Seller being removed from the platform immediately. This communication includes any engagement outside of NanoAi Technologies that circumvent the NanoAi Technologies platform including but not limited to paid promotion by Seller outside of platform, additional promotion on other social sites that does not direct transaction back to NanoAi Technologies, independent price and fee negotiation, promotion of products and Stores not on NanoAi Technologies.
8. Platform Fees, Seller Fees and Payment Processing
Store acknowledges that NanoAi Technologies collects a platform fee of 5% on every retail transaction before Seller fee is calculated. Store is responsible for setting a competitive Seller Fee for their individual Store. Store will receive their fee once platform, transaction Seller fees are deducted. Seller acknowledges that NanoAi Technologies may or may not use third party payment processor to process fee payments and transactions on the NanoAi Technologies Site and App. Seller agrees to be directed through NanoAi Technologies third party processor in order for third party processor to collect all required Seller information to complete transactions. Seller agrees to all terms of use provided by third party processor.
9. Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of California, United States of America Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in San Diego County, California, U.S.A., Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in San Diego County, California, U.S.A.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
C. Terms of Service for Buyers
The following NanoAi Technologies Buyer (“Buyer”) Terms apply to any user that engages in a transaction on the NanoAi Technologies platform. Terms.
1. Seller & Store Information
NanoAi Technologies, is free to those individuals or organizations, Buyers searching for products to purchase through Sellers or Marketplace Stores on the NanoAi Technologies platform. NanoAi Technologies facilitates the transaction but has no responsibility for the accuracy of the product description or quality of products sold on the Site or App. We cannot confirm the accuracy or completeness of any Product or other information submitted by any Store or other user, including the identity of such Store or other user. NanoAi Technologies assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Stores, Product Descriptions, and reviews.
2. Product and Store Requests
Buyer acknowledges that NanoAi Technologies is not responsible for anything beyond the facilitation of the transaction and communication through the platform features regarding products and product transactions on NanoAi Technologies. NanoAi Technologies assumes no responsibility, and disclaims all liability for timely fulfillment, replacement, returns, defects, quality of Store products on NanoAi Technologies. for the content, accuracy, completeness, legality, reliability, or availability of any Stores, Product Descriptions, and reviews.
3. Communications through NanoAi Technologies
You may receive messages, emails or email notifications corresponding with your purchase and other activity on or use of the NanoAi Technologies Site or App. In all cases, such messages or notifications are provided solely as a courtesy. NanoAi Technologies disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
4. Payment Processing
Buyer acknowledges that NanoAi Technologies may or may not use third party payment processor to process fee payments and transactions on the NanoAi Technologies Site and App. Seller agrees to be directed through NanoAi Technologies third party processor in order for third party processor to collect all required Seller information to complete transactions. Seller agrees to all terms of use provided by third party processor.
5. Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of California, United States of America Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in San Diego County, California, U.S.A., Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in San Diego County, California, U.S.A.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
D. Terms of Service for All Users
The following terms and conditions apply to all Sellers, Stores, Buyers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement. For purposes of this Section D of the NanoAi Technologies General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in any capacity.
1. Accessing External Sites
The Site may contain links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that NanoAi Technologies is not responsible or liable for any such third parties or for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.
2. Using our Site
Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. NanoAi Technologies reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Seller, Store or Buyer, or if you wish to purchase NanoAi Technologies services that utilize the Site, you must have a prior written agreement with NanoAi Technologies to do so, or have accepted NanoAi Technologies’ online terms of service. Please contact us at info@NanoAi Technologies.com for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.
3. User Content
Some parts of the Site, such as Product Reviews or Power Post may allow users to post content like text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site, or any materials that a user submits to NanoAi Technologies, including where it is stated that such materials may be posted on the Site, are referred to herein as “User Content”). Such functionality is designed to help users generate Store and product content for the purpose of sales. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Seller Profiles and Stores, which allow User Content to be posted by individuals that may not be affiliated with the Seller or Store. NanoAi Technologies does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. Some elements of NanoAi Technologies search results pages may appear to be content produced by NanoAi Technologies but are actually a reproduction of user-generated search queries. You acknowledge that by accessing the Site, you may encounter content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that NanoAi Technologies shall have no liability with respect to such content.
You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or that contains sexual, ethnic, racial, or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. NanoAi Technologies may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. NanoAi Technologies reserves the right to change the display of Content on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements.
Although NanoAi Technologies has no obligation to do so, NanoAi Technologies may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in NanoAi Technologies’ sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, or other commercial message (other than Sponsored Ads permitted by this Agreement), or that NanoAi Technologies deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact us at: compliance@NanoAi Technologies.com immediately so that we may have the opportunity to consider its removal. You acknowledge and agree that NanoAi Technologies does not have any obligation to host or remove any User Content, and i) the interpretation of whether any User Content violates any NanoAi Technologies policy, ii) whether to publish or to withdraw from publication any User Content, and iii) whether to exclude any material that any party seeks to post on NanoAi Technologies, will always remain within the sole discretion of NanoAi Technologies. You agree that NanoAi Technologies has no liability to you or anyone else arising from its editorial decisions. You acknowledge and agree that NanoAi Technologies is an interactive computer service and does not have any obligation to screen any User Content, or to include any User Content (including without limitation Sponsored Ads) in its search results or other listings and may exclude or remove any User Content from publication for any or no reason.
NanoAi Technologies reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that NanoAi Technologies may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information.
4. License to User Content and Feedback
Only to the extent permitted by law, you grant NanoAi Technologies a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the NanoAi Technologies website or its publishers, maintaining the NanoAi Technologies website and promoting NanoAi Technologies and such User Content without restriction. You understand that no compensation in any form shall be due or payable to you in connection with NanoAi Technologies’ exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, NanoAi Technologies’ exercise of these rights, you hereby waive any and all rights to such compensation.
Furthermore, you grant to NanoAi Technologies, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any NanoAi Technologies marketing materials containing or incorporating such User Content, or (iii) any actions by NanoAi Technologies to promote or publicize such User Content (e.g. Product Reviews), including without limitation the use of keywords in third-party internet search engines.
You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless NanoAi Technologies and its affiliates from any claims resulting from any such User Content.
At your discretion, you may provide feedback and related materials to NanoAi Technologies concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to NanoAi Technologies a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that NanoAi Technologies may disclose any or all Feedback to any third party in any manner, and you agree that NanoAi Technologies may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place NanoAi Technologies under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, NanoAi Technologies does not waive any rights to use similar or related ideas previously known to NanoAi Technologies, or developed by its employees, or obtained from sources other than you.
5. Rules for Using Our Site
You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by NanoAi Technologies, unless you have been specifically allowed to do so in a separate, written agreement with NanoAi Technologies. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with NanoAi Technologies, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. Using or providing any false, fake, or fictitious name or contact information in connection with the Site is grounds for immediate termination of your NanoAi Technologies account and ability to use the Site. You agree that you are solely responsible for (and that NanoAi Technologies has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which NanoAi Technologies may suffer) of any such breach.
You agree that you shall not transmit to NanoAi Technologies or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
· Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
o sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
o imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
o data mining the Site, or any content, service, or property provided by NanoAi Technologies “NanoAi Technologies Property”.
o sending messages to users who have asked not to be contacted.
o selling, exchanging, or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and
· Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. NanoAi Technologies may block the transmission of such content.
· Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature.
· Conduct or forward pyramid schemes or similar programs.
· Transmit content that may be harmful to minors.
· Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email.
· Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from NanoAi Technologies.
· Violate the legal rights (such as rights of privacy and publicity) of others.
· Promote or encourage illegal activity.
· Interfere with other NanoAi Technologies users’ enjoyment of the Site.
· Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses.
· Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any NanoAi Technologies account.
· Modify, adapt, translate, or reverse engineer any portion of the Site.
· Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
· Reformat or frame any portion of the web pages that are part of the Site without NanoAi Technologies’ explicit written permission.
· Contact other NanoAi Technologies users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics NanoAi Technologies considers detrimental to its users.
· Create multiple NanoAi Technologies accounts without permission.
· Bypass any limitations or suspensions of functionality.
· Provide false information.
· Scrape the NanoAi Technologies Seller database
· Scrape or otherwise replicate any NanoAi Technologies content for competitive purposes
· Use ad blocking or similar software in connection with your use of the Site, if and only to the extent that such software interferes with or prevents the display of Job Ads.
NanoAi Technologies reserves the right to use any User Content (including the content of messages or material sent through or to the Site or NanoAi Technologies) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. NanoAi Technologies reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you agree to NanoAi Technologies enforcing the above rules or attempting to prevent spam, fraud, or other anomalous activity. Such measures may result in a temporary or permanent suspension or termination of your account, of your access to NanoAi Technologies’s message relay, or of your use of any other functions of the Site, with or without notice. NanoAi Technologies shall not be responsible or liable for any such suspension or termination, including any consequences thereof.
We reserve the right to drop any message, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code, or other messages that NanoAi Technologies suspects to be malicious or spam, or for any or no reason. NanoAi Technologies further reserves the right to conduct investigations to determine whether you are perpetrating a scam, spamming NanoAi Technologies or its users, or otherwise conducting fraudulent activity on NanoAi Technologies by various means, including but not limited to investigating your functionality by setting up profiles and names that belong to NanoAi Technologies. NanoAi Technologies reserves the right to turn over any information gathered via such investigations to the police or other third party if NanoAi Technologies has a good faith belief that you are using the Site in violation of these terms.
You may not use the Site, or otherwise exchange services or money with NanoAi Technologies, if you appear on any of the following lists administered by the United States Government: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls –List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; and (e) Bureau of Industry and Security, Department of Commerce, The Entity List. If you appear on such a list, NanoAi Technologies may terminate this Agreement and your license to use the Site without any further obligations to you whatsoever.
6. Registering with and Contacting NanoAi Technologies
Some areas of the Site, including areas that may permit you to set up an NanoAi Technologies account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your NanoAi Technologies account may receive access to information regarding your NanoAi Technologies account. We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.
You agree that NanoAi Technologies may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your NanoAi Technologies account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to NanoAi Technologies or that NanoAi Technologies may otherwise obtain from third-party sources. By providing NanoAi Technologies with a mobile phone number, you expressly consent to receiving communication via such mobile number.
7. Disclaimers of Warranties
NanoAi Technologies disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the NanoAi Technologies search results or otherwise made available on the Site by NanoAi Technologies or third parties (including User Content), regardless of whether paid for or used for free. NanoAi Technologies disclaims any responsibility or liability for the accuracy, content, completeness, or reliability of information provided by NanoAi Technologies for informational purposes only. You acknowledge you are not paying NanoAi Technologies for the aforementioned information. NanoAi Technologies disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments, or material (including User Content). NanoAi Technologies further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall NanoAi Technologies be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall NanoAi Technologies be liable to you or any third party on account of your use or misuse of or reliance on any third-party site or service you link to from NanoAi Technologies’ Site.
NanoAi Technologies further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by NanoAi Technologies as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will NanoAi Technologies be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third-party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, USER CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. MATCHSELL AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MATCHSELL AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, USER CONTENT, FEATURES, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. MATCHSELL AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY MATCHSELL.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
8. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL MATCHSELL OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF MATCHSELL OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF MATCHSELL AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID MATCHSELL TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall NanoAi Technologies or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) nonperformance of third parties; and (m) other events beyond the control of NanoAi Technologies.
9. Governing Law and Dispute Resolution
If you are neither a Seller, Store nor a Buyer as defined in this Agreement and are not using the Site as intended by NanoAi Technologies, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of San Diego, CA, U.S.A.
10. Severability and Reformation
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
11. Use of Site by Minors
The Site is not for use by anyone under the age of 16. However, if local laws provide for an alternative minimum age for NanoAi Technologies to lawfully provide the services in the Site to you, then that shall apply as the applicable minimum age.
16. Questions or Complaints
If you have a question or complaint regarding the Site, please use our customercare@NanoAi Technologies.com.
18. Apple-Specific Terms
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to NanoAi Technologies in accordance with the “Questions or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, NanoAi Technologies’ right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
19. The NanoAi Technologies Apps
By using any of the NanoAi Technologies Apps, you agree that all of the terms and conditions found herein apply to your use of the NanoAi Technologies App. Additionally, you agree that the NanoAi Technologies App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the NanoAi Technologies App, you are asking NanoAi Technologies to make formatting changes to content as it appears on your phone. You further acknowledge that your use of the NanoAi Technologies Apps may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the NanoAi Technologies App, and NanoAi Technologies disclaims all responsibility for such data usage. In addition, if you allow NanoAi Technologies Apps to utilize location services, the NanoAi Technologies Apps may suggest to you and collect from you information based on your geographic location. The legal entity that ( i) provides any services to you through the NanoAi Technologies Apps, (ii) owns or licenses the intellectual property rights to any of NanoAi Technologies Apps and/or (iii) has access or controls any personal data through the NanoAi Technologies Apps may at times be an affiliate of NanoAi Technologies, even if the entity identified as the application developer on any of the application marketplaces is NanoAi Technologies, Inc.