TABLE OF CONTENTS

SECTION 1 ONLINE STORE TERMS
Section 1.1 Registration
Section 1.2 Responsibility for Your Account
Section 1.3 Termination of Your Account
Section 1.4 Payments
Section 1.5 Shipping and Handling
Section 1.6 Taxes
Section 1.7 Product Availability
Section 1.8 Not for Resale or Export
Section 1.9 Return Policy
SECTION 2 GENERAL CONDITIONS
Section 2.1 User Age
Section 2.2 License
SECTION 3 MOBILE APPLICATION USERS
SECTION 4 APPLE USERS
SECTION 5 GEO-LOCATION TERMS
SECTION 6 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
SECTION 7 MODIFICATIONS TO THE SITE, THE SERVICE AND PRICES
SECTION 8 PRODUCTS OR SERVICES
SECTION 9 ACCURACY OF BILLING AND ACCOUNT INFORMATION
SECTION 10 OPTIONAL TOOLS
SECTION 11 THIRD-PARTY LINKS
SECTION 12 PROPRIETARY RIGHTS
SECTION 13 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
SECTION 14 PERSONAL INFORMATION
SECTION 15 ERRORS, INACCURACIES AND OMISSIONS
SECTION 16 PROHIBITED USES
SECTION 17 INTERNATIONAL USE
SECTION 18 CONSENT TO PROCESSING
SECTION 19 DISCLAIMER OF WARRANTIES
SECTION 20 LIMITATION OF LIABILITY
SECTION 21 INDEMNIFICATION
SECTION 22 SEVERABILITY
SECTION 23 TERMINATION
SECTION 24 NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
SECTION 25 NOTICES
SECTION 26 NO WAIVER; ENTIRE AGREEMENT
SECTION 27 GOVERNING LAW
SECTION 28 LIMITED TIME TO BRING CLAIMS
SECTION 29 CHANGES TO TERMS OF SERVICE
SECTION 30 CONTACT INFORMATION


NUVIZ TERMS OF SERVICE
Effective Date: 1st of August, 2017

This website, mobile application and the NUVIZ hardware (collectively, our “Site”) are operated by NUVIZ, Inc. Throughout these Terms of Service (“Terms of Service”), the terms “we”, “us” and “our” refer to NUVIZ, Inc. (“NUVIZ”) NUVIZ, offers this Site, including all information, tools and services (“Services”) available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

OVERVIEW
Your Acceptance of these Terms
By visiting our Site, purchasing something from us, and/or using our Services, you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of Content.

Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of the Services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 1 ONLINE STORE TERMS
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

Section 1.1 Registration 
In order to make a purchase you may be asked to set up a Shopify, Inc. account. If you do so, you must provide us with certain information about you, including your full name; address; phone number and email address, and you must specify a password. Further, you agree to provide us with accurate and complete information requested in the registration process, and to inform us of any updates to such information on an ongoing basis to keep it accurate and complete. You agree to keep your password confidential and not share it with anybody else.

Section 1.2 Responsibility for Your Account
You are solely responsible for any authorized or unauthorized access to and/or use of your account by any person, and for all charges incurred on the Site through your account.

Section 1.3 Termination of Your Account
We reserve the right to suspend or terminate your account on the Site at any time, with or without notice to you. 

Section 1.4 Payments
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. 

For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement

If you make payments directly to NUVIZ, you must provide an accurate and complete credit card or debit card number and expiration date at the time of checkout along with billing and shipping information. You represent and warrant to us that your use of any credit/debit card is authorized and legal. You are responsible for updating your credit/debit card information with us when previously provided information expires or is no longer valid. Your credit/debit card number will be encrypted in transmission to us. Authority for payment must be given at the time you place the order.

Section 1.5 Shipping and Handling
As part of the order procedure, you will be asked to select your preferred shipping method, and your shipping cost, if any, will depend on the method you select. We will inform you of the shipping costs for the shipment method you select as well as any handling charges in the order summary displayed on the site before you confirm your order. This amount will be payable by you in addition to the price, including taxes, of the goods ordered. We are not responsible for late shipments or deliveries. We are not responsible for any loss or damage that occurs after the package is delivered to the “ship to” address by the carrier.

Section 1.6 Taxes
Certain sales or other taxes may apply to your purchase. These taxes vary depending on your location and will be collected for orders shipped to locations where these taxes are applicable. Please review and confirm the taxes applied to your order in your shopping cart before submission. Taxes are based on the purchase price of the items you select before the application of any promotional discounts. 

Section 1.7 Product Availability 
All offers of products as they are displayed via the Site are subject to availability. NUVIZ reserves the right to change the items offered via the Site at any time and without notice. The Site may contain information about the availability of products at the time of ordering, but the quantity of inventory actually available can change significantly. If a product is not available for shipping promptly after your place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the product is available (if it will be available again in a timely manner) or to cancel your order.

Section 1.8 Not for Resale or Export
You agree and represent that you are buying for your own use, and not for resale or export. We reserve the right to refuse to accept orders that it determines in its sole discretion to be excessive in volume.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

Section 1.9 Return Policy
NUVIZ’s Return Policy (the “Return Policy”) may change from time to time. Please check the Return Policy located here for any updates or changes. 

SECTION 2 GENERAL CONDITIONS
Section 2.1 User Age
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you are the age of majority in your state, province or country of residence and you have given us your consent to allow any of your minor dependents to use this Site.

Section 2.2 License 
The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site in whole or in part, for any public or commercial purpose without the specific written permission of NUVIZ. We grant you a personal, non-exclusive, non-transferable license to access our Site and to use the information and Services contained here. In turn, you grant us a non-exclusive, royalty-free license to use any Content you post on the Site for any purpose, subject to the express terms of this Agreement. We reserve the right to refuse service to anyone for any reason at any time.

SECTION 3 MOBILE APPLICATION USERS
With respect to each NUVIZ application (the “App”), when you download the App or you create an account on the App, by selecting “I agree to the Terms of Service” you are expressly agreeing that you have read, understand and agree to be bound by these Terms of Service and any amendments to these Terms of Service. Check the “More” page periodically to see our most current Terms of Service. NUVIZ makes the App available so that users may access the Services via a mobile device. To use the App you must have a mobile device that is compatible with the mobile service. NUVIZ does not warrant that the App will be compatible with your mobile device. NUVIZ hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the App for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile, reverse engineer or create derivative works of the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) copy, reproduce, republish, upload, post, transmit or distribute the App in any way, unless specifically allowed in these Terms of Service; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any Content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that NUVIZ may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms of Service will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and NUVIZ and its third party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). Standard carrier data charges may apply to your use of the App.

SECTION 4 APPLE USERS 
The following additional terms and conditions apply with respect to any App that the NUVIZ provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”): 

You acknowledge that these Terms of Service are between you and NUVIZ only, and not with Apple, Inc. (“Apple”). 

Your use of NUVIZ’s iOS App must comply with Apple’s then-current App Store Terms of Service. 

NUVIZ, and not Apple, is solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App. 

You agree that NUVIZ, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms of Service and any law applicable to us as provider of the iOS App. 

You agree that NUVIZ , and not Apple, shall be responsible, to the extent required by these Terms of Service, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App. 

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App). 

The parties agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms of Service as they relate to your license of NUVIZ‘s iOS App. Upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as they relate to your license of the iOS App as a third party beneficiary thereof.

SECTION 5 GEO-LOCATION TERMS
The Services may include using your location to enable certain features of the Site. We will ask your permission to enable your location. You can disable this feature in your device’s settings but you cannot disable this feature with respect to any NUVIZ hardware. The Services may include and make use of certain functionality and services provided by third parties that allow the Site to include maps, geocoding, places and other Content from those third parties as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services may be subject such third parties' terms of use. 

SECTION 6 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We attempt to keep product information current as and when any changes in such information come to our attention. Please note, however, that NUVIZ is not responsible for any inaccuracy, incompleteness, deficiency, or misstatement in any such information, or delay in posting of any such information, or any changes in such information. The material in the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Services is at your own risk.

The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Services at any time, but we have no obligation to update any information on our Services. You agree that it is your responsibility to monitor changes to our Services.

SECTION 7 MODIFICATIONS TO THE SITE, THE SERVICE AND PRICES
Prices for our products are subject to change without notice.

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Services or restrict your access to part, or all, of the Services without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

SECTION 8 PRODUCTS OR SERVICES 
Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy which can be found here.

We endeavor to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 9 ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 10 OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Please see Sections 19 and 20 below for more information.

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 11 THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third-parties.

Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 PROPRIETARY RIGHTS
As between you and NUVIZ, (or other company whose marks appear on the Services), NUVIZ (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Services, and is the copyright owner or licensee of the Content and/or information on the Services, unless otherwise indicated.

Except as otherwise provided herein, use of the Services does not grant you a license to any Content, features or materials you may access on the Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part. Any commercial use of the Services is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Content or screens for any purpose except as otherwise provided by NUVIZ. If you make use of the Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Services.

The information on the Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including copyright law.

Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service mark or trade names of NUVIZ or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally.

The NUVIZ logos and service names are trademarks of NUVIZ (the “NUVIZ Marks”). Without NUVIZ‘s prior permission, you agree not to display or use NUVIZ Marks in any manner. Nothing in the Services should be construed to grant any license or right to use any NUVIZ Marks without the prior written consent of NUVIZ.

SECTION 13 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium, anywhere in the world, in perpetuity, any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

SECTION 14 PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy which is incorporated into these Terms of Service. View our Privacy Policy here. In the event of a conflict between these Terms of Service and our Privacy Policy, our Privacy Policy shall prevail.

SECTION 15 ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 16 PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; or (l) to transmit or transfer by any means information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

Violations of system or network security may result in civil or criminal liability. NUVIZ will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

SECTION 17 INTERNATIONAL USE
We do not represent that materials in the Services are appropriate or available for use in other locations. Persons who choose to access the Services from their location do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

SECTION 18 CONSENT TO PROCESSING
By providing any personal information to the Site, all users, including without limitation users in the European Union and the United Kingdom, fully understand and unambiguously consent to the collection and processing of such information in the United States.

Any inquiries concerning these Terms of Service should be directed to: support@nuviz.com.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

SECTION 19 DISCLAIMER OF WARRANTIES
You expressly agree that your use of, or inability to use, the Service is at your sole risk.

THE SERVICES, AND ALL CONTENT AVAILABLE ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT). 

NUVIZ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

NUVIZ DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCESS OR USE OF, OR THE RESULTS OF THE USE OF, THE CONTENT ON THE SERVICES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, SUITABILITY, TIMELINESS, CORRECT SEQUENCING, OR OTHERWISE OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.

SECTION 20 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES (OTHER THAN INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS) SHALL NUVIZ BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, OR ANY LOST PROFITS OR LOST REVENUES, RESULTING FROM, BASED ON, OR ARISING OUT OF (I) YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES; (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES, OR OTHER INACCURACIES IN THE SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL INFORMATION OR CARD HOLDER DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (VI) ANY OTHER MATTER RELATED TO THE SERVICES, EVEN IF NUVIZ OR A NUVIZ REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NUVIZ’S TOTAL LIABILITY TO YOU (EXCLUDING ANY LIABILITY FOR INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS), WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENT, BUT EXCLUDING GROSSLY NEGLIGENT, RECKLESS AND INTENTIONAL ACTS OF NUVIZ), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ARISING FROM THESE TERMS OF SERVICE OR YOUR ACCESS TO AND/OR USE OF THE SERVICES FOR ANY REASON WHATSOEVER SHALL BE LIMITED IN THE AGGREGATE TO THE TOTAL OF ALL PAYMENTS YOU HAVE MADE TO NUVIZ (IF ANY) DURING THE THREE-MONTH PERIOD PRECEDING THE DATE OF SUCH CLAIM. IF YOU ARE DISSATISFIED WITH ANY OF THE SERVICES, ANY CONTENT, OR ANY SERVICES PROVIDED THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you. The foregoing provision is enforceable in New Jersey.

SECTION 21 INDEMNIFICATION
To the fullest extent permitted by applicable law you agree to indemnify, defend and hold harmless NUVIZ, Inc. and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, incurred in connection with any third-party claim, complaint, suit or cause of action arising from your conduct in connection with accessing and/or using the Site or the Services, your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. This provision does not apply to acts of NUVIZ. You shall cooperate with NUVIZ in the defense of any such claim. NUVIZ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you under this provision. Some jurisdictions limit consumer indemnities, so some portions or all of this provision may not apply to you.

SECTION 22 SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 23 TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 24 NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe your work has been copied in the Services in a way that constitutes copyright infringement, please send our Copyright Agent a written notification (“the Infringement Notification”) containing all the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single Infringement Notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the Infringement Notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

NUVIZ’s Copyright Agent for notice of claims of copyright infringement on or relating to the Site can be reached as follows: NUVIZ Inc. Copyright Agent, 1620 5th Ave, Suite 550, San Diego, CA, 92101.

SECTION 25 NOTICES
Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you on the Services. Notices to us can be sent to NUVIZ Inc., 1620 5th Ave, Suite 550, San Diego, CA, 92101.

SECTION 26 NO WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). You may be subject to additional terms and conditions that are applicable to certain parts of the Services.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. Section titles are for convenience only and have no legal or contractual effect.

SECTION 27 GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of laws. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with NUVIZ or relating in any way to your use of the Services resides in the state and federal courts of San Diego County, California and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of San Diego County, California. 

SECTION 28 LIMITED TIME TO BRING CLAIMS
Any claim or cause of action you may have with respect to NUVIZ or the Services must be commenced within one (1) year after the claim or cause of action arose.

SECTION 29 CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 30 CONTACT INFORMATION 
Questions about the Terms of Service should be sent to us at contact@ridenuviz.com or in writing to NUVIZ, Inc., 1620 5th Ave, Suite 550, San Diego, CA, 92101, United States