By using the nervecentral.com web site (“service”), or any services of NerveCentral Limited (“NerveCentral”), you are agreeing to be bound by the following terms and conditions (“terms of service”). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access our services through your account to these terms and conditions, in which case the term “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
NerveCentral reserves the right to update and change the terms of service from time to time without notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the terms of service. Continued use of the service after any such changes shall constitute your consent to such changes. You can review the most current version of the terms of service at any time at https://nervecentral.com/terms.
Violation of any of the terms below will result in the termination of your account. While NerveCentral prohibits such conduct and content on the service, you understand and agree that NerveCentral cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.
A. Account Terms
- You must be 18 years or older to use this service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide a valid email address to complete the signup process.
- You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
B. Payment, Refunds, Upgrading and Downgrading Terms
- All paid plans must enter a valid credit card. Free accounts are not required to provide a credit card number.
- An upgrade from the free plan to any paying plan will immediately bill you.
- The service is billed in advance on a monthly basis.
- In the event that your credit card cannot be charged when payment is due, NerveCentral may attempt to notify you. If you do not respond to provide us with updated credit card information in a timely manner, NerveCentral reserves the right to suspend your access to the service.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle. On upgrades the card will be charged once with the prorated amount of the new fee for the rest of the current billing cycle.
- Downgrading your service may cause the loss of features or capacity of your account. NerveCentral does not accept any liability for such loss.
C. Cancellation and Termination
- You are solely responsible for properly canceling your account. A phone request to cancel your account is not considered cancellation. You can cancel your account at any time by emailing support at firstname.lastname@example.org.
- If you are on a 12 month agreement, you can cancel prior to your agreement time with a cancellation fee of 50% of your remaining balance.
- NerveCentral, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other NerveCentral service, for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. NerveCentral reserves the right to refuse service to anyone for any reason at any time.
D. Modifications to the Service and Prices
- NerveCentral reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice.
- Prices of all services, including but not limited to monthly subscription plan fees to the service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the NerveCentral Site (nervecentral.com) or the service itself.
- NerveCentral shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
E. Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the service. Your profile and materials uploaded remain yours.
- You shall defend NerveCentral against any claim, demand, suit or proceeding made or brought against NerveCentral by a third party alleging that Your content, or Your use of the service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify NerveCentral for any damages finally awarded against, and for reasonable attorney’s fees incurred by, NerveCentral in connection with any such claim, demand, suit or proceeding; provided, that NerveCentral (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases NerveCentral of all liability); and (c) provides to You all reasonable assistance, at Your expense.
F. General Conditions
- Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided via email at email@example.com. Support is only available in English.
- You understand that NerveCentral uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service.
- You must not modify, adapt or hack the service or modify another website so as to falsely imply that it is associated with the service, NerveCentral, or any other NerveCentral service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service without the express written permission by NerveCentral.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any NerveCentral customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You expressly understand and agree that NerveCentral shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NerveCentral has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of NerveCentral to exercise or enforce any right or provision of the terms of service shall not constitute a waiver of such right or provision. The terms of service constitutes the entire agreement between you and NerveCentral and govern your use of the service, superseding any prior agreements between you and NerveCentral (including, but not limited to, any prior versions of the terms of service). You agree that these terms of service and Your use of the service are governed under English law.
- Questions about the terms of service should be sent to firstname.lastname@example.org.