Nomo Terms of Use

 

Nomo welcomes you to its website. By using or visiting our website, you are agreeing to the following terms and conditions as well as the Nomo Privacy Policy. If you do not agree to any of these terms, then please do not use our website as your continued use shall constitute your acceptance of our Terms of Use and Privacy Policy.

This website gives allows users to utilize Nomo’s exclusive relationships with transportation companies to locate their lost or misplaced mobile devices. Unauthorized attempts to upload information or change information on this service are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986. These Terms of Use apply to all users of the website, including users who are also contributors of any content, photographs, articles, information, and other materials or services on the website. Our website may contain links to third party websites that are not owned or controlled by Nomo. Nomo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Nomo will not and cannot censor or edit the content of any third-party website. By using our website, you expressly assume individual responsibility and relieve Nomo from any and all liability arising from your use of any third-party website. Nomo hereby grants you permission to use our website provided that you do not copy or distribute any part of our website without our prior written authorization, and you otherwise comply with these Terms of Use.

 

Representations and Warranties

This website serves as a lost and found by allowing users to utilize Nomo’s exclusive relationships with transportation companies to locate their lost or misplaced mobile devices. By using the website and our services, you warrant that: (i) you are the actual owner of the mobile device; (ii) you are over the age of 18 or the age of majority in the, state, province or territory of residence; (iii) the contact information and email address provided are true and accurate.

 

Sales and Services

In order to recover your electronic device or to complete any other transaction with Nomo, you must:
(i) create an account;
(ii) provide true, up to date and accurate account information about yourself and any applicable product;
(iii) comply with the representations, warranties, terms and conditions of this Terms of Use and the Nomo Privacy Policy;
and (iv) comply with all applicable laws and regulations, including all import and export laws.
In order to receive information or to recover your mobile devices from Nomo, you must provide Nomo with information including a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and your first and last name. Nomo shall not be responsible for communication errors should your contact information be inaccurate or incomplete. You are responsible for ensuring that you can receive emails from Nomo and Nomo is not responsible for any emails that were not received by you because they were blocked or filtered as spam. You understand and agree that if you fail to provide us with accurate and up to date information Nomo will not be responsible for any recovered items sent to a wrong address. Further, you agree that Nomo has no obligation to you if any of your unclaimed items are turned over to governmental authorities.

 

Title to the Devices

In using this website you represent and warrant that you have all right, title, and interest in and to any and all items you seek to claim or recover. By using the Nomo, you agree to indemnify us from all claims or losses which are the result of any breach of these representations and warranties. You understand that Nomo is not responsible for any damage to your electronic devices or any service charges, whether such charges occurred before, during or after shipment of the device back to you. Moreover, you agree to release Nomo from any claim based upon any data stored in or on the electronic device, or any information on any media used in conjunction with the device or product, or for such data’s security, integrity, confidentiality, disclosure or use. Simply put, Nomo is not responsible for any loss you suffer due to any damage to the electronic device including, but not limited to, any data that is or was contained on any electronic device.

 

Use and Protection of Password and ID.

 Portions of our website may require you to open an account. Accordingly, Nomo may assign users a password and account ID. In order to obtain a password and account ID you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Nomo shall have no obligation to investigate the source of any information provided. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. Quite simply, you will be responsible for any activity conducted under your assigned password or ID. You agree to notify Nomo immediately of any unauthorized use of your account or any other breach of security. Nomo will not be liable for any loss or damages that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for losses incurred by Nomo or another party due to someone else using your account or password. It is the express policy of Nomo that you may not use anyone else’s account at any time, without the Written permission of the account holder. However, YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND Nomo, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF OUR WEBSITE BY ANYONE USING THE PASSWORD AND ID ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF OUR WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES or Sales THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.

 

Electronic Notices and Transactions

By using this website, you agree to transact with Nomo electronically. This means you agree to accept and terms and conditions and to transact any sale, donation or recycling of any product by electronic means. You authorize Nomo to send you important notices about the website and any pending transactions to the email address provided to us as a registered account holder or, in the alternative, by posting a notice on the website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.

 

Intellectual Property Rights

The content on our website, including without limitation, text, data, graphics, logos, button icons, images, audio, video, software, photographs, graphs, typefaces and other materials which are or may be included on this website (the “Content”) and the trademarks, service marks and logos contained therein (the “Marks”), are the property of Nomo and are protected by copyrights, trademarks, trade secrets and/or other proprietary rights. The compilation of all the content on this site is the exclusive property of Nomo and is protected by U.S. and international copyright laws. Content on our website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Nomo reserves all rights not expressly granted in and to our website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content or Marks other than as expressly permitted herein.

 

Claims of Copyright Infringement

Nomo respects the intellectual property rights of others. Thus, if you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing sending an email to _______@Nomo.com or you may mail your changes to ______________________, Las Vegas, Nevada ____________ with the following information consistent with 17 U.S.C 512(c)(3):

 

(i)        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)       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 notification, a representative list of such works at that site;

(iii)      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 the service provider to locate the material;

(iv)      Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v)       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

(vi)      A statement that the information in the 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.

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

 

Please note that this procedure is exclusively for notifying Nomo that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, but do not constitute legal advice. In accordance with the DMCA and other applicable law, Nomo has adopted a policy of terminating, in appropriate circumstances and at Nomo’ sole discretion, members who are deemed to be repeat infringers. Nomo may also at its sole discretion limit access to and/or terminate the member accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

User Conduct

By using, viewing or accessing the Nomo website, you expressly agree to not use the website to:

 

(i) upload, post, email, transmit or otherwise make available any User Submissions that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

 

(ii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

(iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Submissions;

 

(iv) upload, post, email, transmit or otherwise make available any User Submissions that you do not have a right to make available under any law or under any contractual or fiduciary relationship;

 

(v) upload, post, email, transmit or otherwise make available any User Submissions that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

 

(vi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

 

(vii) upload, post, email, transmit or otherwise make available any material that may contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(viii) interfere with or disrupt our website, servers, or networks connected to our website, or disobey any requirements, procedures, policies or regulations of networks connected to our website;

(ix) intentionally or unintentionally violate any applicable local, state, national or international law; and/or “stalk,” “prey upon,” or otherwise harass another.

 

Prohibited Uses

As a condition of your use of our website, you agree that you will not use our website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of our website. You may not attempt to gain unauthorized access to our website, other accounts, computer systems or networks connected to any server or our website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through our website.

 

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned only by Nomo without restriction.

 

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NOMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NOMO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NOMO WEBSITE. NOMO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NOMO WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NOMO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

Limitation of Liability

IN NO EVENT SHALL NOMO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NOMO WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT NOMO SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Our website is controlled and offered by us from our facilities in the United States of America. Nomo makes no representations that our website is appropriate or available for use in other locations. Those who access or use our website from other jurisdictions do so at their own risk and are responsible for compliance with local law.

 

Disclaimer and Limitation of Liability

Except as expressly stated herein, Nomo makes no representations or warranties, either express or implied, of any kind with respect to any services provided. Except as expressly stated herein, Nomo expressly disclaims all warranties, express or implied, of any kind with respect to the services provide through this site. You agree that the sole and exclusive maximum liability to Nomo arising from any service provided by Nomo shall be the price actually paid for such services. In no event shall Nomo, its directors, officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages related to any services provided.

 

Indemnity

By using, viewing or accessing the Nomo website, you agree to indemnify and hold Nomo and its officers, directors, agents, subsidiaries, joint ventures and/or employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use the Nomo’s Privacy Policy, or your violation of any law or the rights of a third-party.

 

Advertisers or Sponsors

Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through our website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or sponsor. You agree that Nomo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or sponsors on our website.

 

Acceptance of Terms of Use

You affirm that you are: i) at least 18 years of age; ii) an emancipated minor; or iii) possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and the Nomo Privacy Policy, and to abide by and comply with such terms, conditions and obligations.

 

Typographical Errors

 In the event a product or service is listed or offered for purchase at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, whether from information provided by the user or by Nomo, we expressly right to refuse or cancel or modify any such orders or offers.

 

Import and Export Laws.

You agree to comply fully with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly transfer any product or accessories to Nomo without proper authorization. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances in order to convey any and all product or accessories to Nomo, including without limitation, any and all duties applicable with the import of any goods.

 

Modifications

Nomo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our website, or any part thereof, with or without notice. You agree that Nomo shall not be liable to you or to any third party for any modification, suspension or discontinuance of any service.

 

General

By using, viewing or accessing the Nomo website, you agree that: (i) our website shall be deemed solely based in Nevada; and (ii) our website is a passive website that does not give rise to personal jurisdiction over Nomo, either specific or general, in jurisdictions other than Nevada. These Terms of Use shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Venue for any legal action concerning any claim or dispute between you and Nomo that arises in whole or in part from our website, the purchase of any Nomo services or any other transaction between you and Nomo shall lie exclusively in the Eighth Judicial District Court, Clark County, Nevada, and by using, viewing, purchasing and/or accessing the Nomo website you expressly consent to jurisdiction and venue in such court. These Terms of Use, together with the Nomo Privacy Policy and any other legal notices published by Nomo on our website, shall constitute the entire agreement between you and Nomo concerning our website. If any provision of these Terms of Use or the Nomo Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions therein, which shall remain in full force and effect. No waiver of any term of this these Terms of Use or the Nomo Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and Nomo’s failure to assert any right or provision under these Terms of Use or the Nomo Privacy Policy shall not constitute a waiver of such right or provision. Nomo reserves the right to amend these Terms of Use or the Nomo Privacy Policy at any time and without notice, and it is your responsibility to review these Terms of Use or the Nomo Privacy Policy for any changes. Your use of our website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our website or related services must be filed within one (1) year after such claim or cause of action arose or shall be forever barred.

 

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.