Terms of Use

TERMS OF USE

These Terms of Use are effective as of January 11, 2018.

Please read these Terms of use (“Terms”) carefully as they contain important information.

By downloading, accessing, or using the mobile applications, or websites made available by NACK (together, the “Service” or “Services”) you agree to be bound by these Terms.  The Service is owned by Kaneland, LLC (“Kaneland”).  Kaneland operates NACK.  For all purposes hereunder references to NACK shall refer to Kaneland.  These Terms affect your legal rights and obligations.  IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.  NACK is intended for people who are at least 13 years old.  For certain features or functionality offered by us or others through the Services, users must be at least 18 years old.  Those Services may be subject to separate terms from us or third parties that contain these further age requirements.  If you are under 18 and use those Services, you may be violating the third party’s governing terms, which we deem a violation of these Terms as well.

User Content

The Services consist of interactive features that allow users to create, post, transmit, and/or store content, including but not limited to food and beverage preferences,  preferences at retail locations, photos, text, graphics, items, or other material (together, “User Content”).  You understand that you are responsible for all data charges you incur using the Services.  You also understand that your User Content may be viewable by others.

You agree that you are solely responsible for your User Content and any claims arising therefrom, and that NACK is not responsible for any User Content or claims arising therefrom.  While we are not obligated to do so, we reserve the right, and have the absolute discretion, to review, screen, and delete User Content at any time and for any reason.

You retain all ownership rights in your User Content.  However, by submitting User Content to NACK, you hereby grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adopt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the “User Content License”), subject to any privacy settings we may choose to implement.  No use of User Content in accordance with the User Content License shall entitle you to any compensation from NACK, or any other companies, organizations, or individuals.

Restrictions on Content and Use of the Services

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.

You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content, including but not limited to, copyright laws.

You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials.

You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any NACK users.

You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other NACK terms.

You agree that NACK is not responsible for, and does not endorse, User Content posted within the Service. NACK does not have any obligation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms of Use, you may bear legal responsibility for that User Content.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, NACK’s computer systems, or the technical delivery systems of NACK’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by NACK (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with NACK (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of NACK is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

You agree that nothing contained herein shall be deemed an affirmative obligation or duty upon us to enforce these terms.  NACK reserves the right to enforce these terms in its sole and absolute discretion.

Privacy Policy

By accepting these Terms you agree to the collection, use and sharing of your information through the Services in accordance with the NACK Privacy Policy which is incorporated herein.  You can review a copy of the NACK Privacy Policy at http://www.getnack.com/app-privacy-policy/

Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. NACK cannot and will not be liable for any loss or damage arising from your failure to comply with the above.  NACK may provide assistance recovering lost passwords or changing lost or stolen passwords but it cannot promise to respond to each and every request.

Links

The Services may contain links to third-party websites or access to resources such as coupons, menu selections, brand names, products and other goods, supplies and services. You acknowledge and agree that NACK and NACK Parties are not responsible or liable for: (i) the availability or accuracy of such websites, resources, services or coupons/discounts or promotion; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or access to resources do not imply any endorsement by NACK or its employees, managers, officers, or agents (collectively, “NACK Parties”) of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.  YOUR BUSINESS DEALINGS WITH THIRD-PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

Advertisements

The Services may include advertisements, promotional offers and coupons, which may be targeted to the User, the User Content or information on the Services, queries made through the Services, or other information.  The types and extent of advertising, promotional offers and coupons on the Services and the manner, mode and extent thereof are subject to change without notice to you.  In consideration for NACK giving you access to any use of the Services, you agree that NACK and NACK Parties, third party providers and partners may place such advertising, promotional offers and coupons on the Services or in connection with the display of User Content.  You acknowledge that NACK and advertisers may use any information available to NACK to determine how and where to place advertisements, coupon/discounts or promotions, subject to the terms of the NACK Privacy Policy.  You acknowledge that we may not always identify paid services, sponsored content or commercial communications as such.

Licensing

NACK gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by NACK as part of the Services.  This license is for the sole purpose of enabling you to execute the application, in the manner permitted by these Terms.  Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.  You are explicitly prohibited from reverse engineering, decompiling or otherwise investigating the code or technical resources underlying the NACK resources.

NACK Rights

All right, title and interest in and to the Services (excluding User Content) are and will remain the exclusive property of NACK and its licensors.  The Services are protected by patent, copyright, trademark, and other law of both the United States and foreign countries.  Nothing in the Terms give you a right to use the NACK name or any of the NACK trademarks, logos, domain names, and other distinctive brand features.  It is NACK’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, NACK does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that NACK is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Copyright Policy

NACK respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your User Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 copyright owner.

We reserve the right to remove User Content alleged to be infringing without prior notice and at our sole discretion. In and subject to NACK’s sole discretion, NACK will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Copyright Agent – NACK
Kaneland, LLC

30 Exchange Terrace
Providence, RI  02903
Email: info@getnack.com

Ending These Terms

The Terms will continue to apply until terminated by either you or NACK.

You may end your legal agreement with NACK at any time for any reason by discontinuing your use of the Services.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

If we terminate your access to the Service your User Content and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your user name and view your preferences or other User Content), but those materials and data may persist and appear within the Service (e.g., if your User Content has been reshared with others).

Disclaimer of Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, NACK CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE NACK PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE NACK CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO NACK OR VIA THE SERVICE. IN ADDITION, THE NACK PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE NACK PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER OR COMPONENTS THAT MAKE THE SERVICE AVAILABLE ARE FREE FROM ANY HARMFUL ATTRIBUTES, INCLUDING, WITHOUT LIMITATION, VIRUSES, MALWARE, ADWARE AND SPYWARE.  THE NACK PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE NACK PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE NACK PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE NACK PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

UNDER NO CIRCUMSTANCES WILL THE NACK PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE NACK CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE NACK PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; (H) RELIANCE UPON ANY COUPONS, DISCOUNTS OR PROMOTIONS, THE FAILURE , INABILITY TO USE OR REDEEM COUPONS, DISCOUNTS OR PROMOTIONS, LOSS OF COUPON VALUE, EXPIRATION, RECALL OR TERMINATION OF COUPONS, DISCOUNTS OR PROMOTIONS; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE NACK PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE NACK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE NACK PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF NACK’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, MOBILE APPLICATION, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE NACK PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITE, MOBILE APPLICATION, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE NACK PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

NACK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

By agreeing to these Terms you agree to indemnify, defend, and hold harmless NACK and NACK Parties from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (i) your access to or use of the Services; (ii) any User Content you post, upload, use, distribute, store, or otherwise transmit through the Services; (iii) your violation of these Terms; (iv) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (v) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with NACK must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Forum, Venue and Applicable Law

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to these Terms or the Service exclusively in the United States District Court for the District of Rhode Island or a state court located in Providence County, Rhode Island and you agree to submit to the personal jurisdiction of such courts for the purpose of litigation all such claims.  The law of the State of Rhode Island will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

Waiver and Severability

The failure of NACK to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and NACK. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. Your continued use of the Services or your failure to notify us of your intent to terminate the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete NACK from all of your devices.