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Terms of Use

Nudge Corporation welcomes visitors and users of our mobile device applications and websites, including the websites located at nudgerewards.com and nudgerewardsplatform.com, (collectively referred to as the “Services”). Nudge Corporation is referred to as “Nudge”, “we”, “us”, and “our”. Please read the following terms of use (“Terms of Use”) before using the Services. By accessing and using the Services, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to not use the Services. A copy of these Terms of Use may be downloaded, saved and printed for your reference.

OWNERSHIP/RESTRICTIONS ON USE

The Services are owned and operated by Nudge Corporation Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Services (collectively, the “Content”) contained in the Services are proprietary to Nudge Corporation, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States, and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Nudge Corporation You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited.

REGISTRATION AND PASSWORDS

To access certain portions of the Services, you may be asked to complete a registration form. In consideration for your use of the Services, you agree to provide true, current, complete and accurate information as requested on any registration form to which the Services may direct you, and to update that registration information as soon as possible after any information on such registration form changes.

Upon registration with your email address, you will choose a password. You alone are responsible for keeping that password confidential, and for any and all activity that occurs on the Services under such email address and password. You agree to immediately notify Nudge of any unauthorized use of your password or any other breach of security.

LINKING

It is our goal to provide increased value to you, our visitors. Therefore, the Services might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from Nudge Corporation and that Nudge Corporation has no control over the content of such websites. Consequently, Nudge Corporation cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.

The links which we might provide through our Services do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

USER CONDUCT

As a condition of your continued access to and use of the Services, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:

(a) upload, post, e-mail or otherwise transmit any material that:

i) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

ii) infringes any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any party;

iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or

iv) contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

b) solicit, harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Services, including e-mail addresses, without the express consent of such users;

c) for the purpose of misleading others, create a false Nudge Corporation account or create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted Services, other computer systems or networks connected to the Services, through password mining or any other means;

d) interfere with or disrupt networks or servers connected to the Services or violate the regulations, policies or procedures of such networks; and

e) use, download or otherwise copy, or provide to any person or entity any Services users directory or other user or usage information or any portion thereof other than in the context of your use of the Services.

DISCLAIMER/LIMITATION OF LIABILITY

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Although we strive to update and keep accurate as much as possible the Content contained on the Services, errors and/or omissions may occur.

ACCORDINGLY, THE SERVICES, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NUDGE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NUDGE DOES NOT WARRANT THAT THE FUNCTIONS ON THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL NUDGE CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR ANY CONTENT OBTAINED THROUGH THE SERVICES, EVEN IF NUDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to indemnify and hold harmless Nudge Corporation, its affiliates, members, directors, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or username) use of the Services, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct.

PRIVACY

Nudge Corporation respects your right to privacy of your personal information. Please review our Privacy Policy (https://nudgerewardsplatform.com/privacy_policy) for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

CONTESTS

From time to time we may offer and/or co-sponsor contests or promotions through the Services. Each of these activities shall be governed by specific rules accessible from the pages of the Services offering the promotion or when you submit your entry.

CHANGES AND TERMINATION

Nudge Corporation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Further, Nudge Corporation reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on the Services. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the top of this document. Continued use of the Services after any such changes shall constitute your consent to be bound by such changes, with continued provision of the use of the Services constituting consideration from Nudge to you for so being bound. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Services or (3) any Content available through the Services, is to stop visiting and using the Services.

TRADEMARKS

“Nudge” and “nudgerewards.com” and “nudgerewardsplatform.com” are trademarks of Nudge. Other marks, graphics, typefaces, trademarks, and logos appearing on the Services are trademarks or trade dress of Nudge. All other trademarks appearing on the Services are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

APPLICABLE LAWS

EXCEPT WHERE PROHIBITED BY LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, these Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, Province of Ontario. If any provision of the present Terms of Use shall be unlawful, void, or for any reason unenforceable, then such provision shall be severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. A printed copy of these Terms of Use and of any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will only sue us as an individual. You agree that you will not file a class action, or participate in a class action.

These Terms of Use and any and all other legal notices or statements posted on the Services constitute the entire agreement between you and Nudge with respect to the use of the Services, including the Content.

NOTICE

Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms of Use or to the Services, by posting notices or links to such notices on the Services.

If you have any questions or comments regarding these Terms of Use please contact us at:

  • E-mail: info@nudgerewards.com
  • Mail: 425 Adelaide St W, Toronto, ON M5V 3C1, Canada
  • Phone: 647-697-2474
  • Attention: Dessy Daskalov

Last Update: December 18, 2017