terms of service
When you use the Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All rights, title, and interest in and to the Services are and will remain the exclusive property of numnums. The Services are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the numnums name or any of the numnums trademarks, logos, domain names, and other distinctive brand features.
License and Access
Subject to your compliance with these Terms of Service, numnums grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access and make non-commercial use of the Services.
Your Account and Password
You are responsible for maintaining the confidentiality of your account and password that you use to access the Services and for any activities or actions that occur under your account or password.
Either party may terminate these Terms of Service at any time by notifying the other party. Numnums may also terminate or suspend your access to or ability to use the Services immediately, without prior notice or liability, for any reason or no reason, including, but not limited to, if we reasonably believe (a) you have breached any of these Terms, (b) you create possible legal risk or exposure for us; or (c) our provision of the Services to you is no longer commercially viable.
Upon termination of your access to the Service your right to use or access the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, termination clauses, disclaimers, limitations of liability, and governing law provisions.
Disclaimer of Warranties
Your access to and use of the Service is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the full extent permitted under applicable law, numnums disclaims all warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement.
Numnums makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will be (a) error-free or uninterrupted, (b) be free of defects or that defects will be corrected, (c) operate in combination with any other hardware, software, system, or data, (d) be free of viruses or other harmful components, or meet your expectations or requirements. No advice or information, whether written or oral, obtained from numnums or through the Services, will create any warranty not expressly made herein.
Limitation of Liability
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NUMNUMS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE SERVICE; (B) YOUR ACCESS TO OR USE OF OR INABILITY ACCESS OR USE THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NUMNUMS EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS ($100) OR THE AMOUNT YOU PAID NUMNUMS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
These Terms shall be governed in all respects by the laws of the State of California without regard to conflict of law provisions or your state or country of residence. You agree that any claim, legal proceeding, or litigation arising in connection with the Services will be brought solely in a state or federal court located in San Francisco County, California. You consent to the jurisdiction of and venue in such courts and waive any objection to inconvenient forum.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with numnums must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Waiver & Severability
The failure of numnums to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Changes to This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated Terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review these Terms periodically for changes. If you do not agree to any of these Terms or any changes to the Terms of Service, do not use, access or continue to access the Site, and discontinue any use of the Site immediately.
If you have any questions or concerns regarding these Terms of Service, please send us a message.