Terms of Service

END USER LICENSE AGREEMENT AND TERMS OF SERVICE

This End User License Agreement and Terms of Service (this “EULA”) is a binding contract between you, an individual user (“you”) and NubiQ Inc. (“NubiQ”, “us” or “we”) governing your use of the NubiQ website (the “Website”), the white-labeled web-based back-end platform (the “Platform”), and mobile application (the “App”) (the Website, Platform, and App are, collectively, the “Service”).  BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA.  IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE.  

To have a copy of this EULA and the NubiQ Privacy Policy (the “Privacy Policy”) sent to you, contact NubiQ at privacy@nubiq.us

  1. 1. Summary of Material Terms.  As provided in greater detail in this EULA (and without limiting the express language of this EULA), you acknowledge the following:
    1. a. the App is licensed, not sold to you, and that you may use the App only as set forth in this EULA;
    2. b. the use of the App may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
    3. c. you consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy http://nubiq.us/privacy-policy/, including with respect to the collection of location information;
    4. d. the App is provided “as is” without warranties of any kind and NubiQ’s liability to you is limited;
    5. e. disputes arising hereunder will be resolved by binding arbitration;  
    6. f. the App will access the following services on your mobile device if you enable such services:  location, time, date, and push notifications; and
    7. g. if you are using the App on an iOS-based device, then you agree to and acknowledge the “Notice Regarding Apple,” below.
    8. 2. General.
    9. a. The Service is a platform that provides sales representatives information and analytics about clients and facilitates the sale of products and presentations by such representatives.  The Service also provides Administrators (as defined below) with information and analytics about Reps’ use of the Service.  The Service offers multiple pricing plans for you to choose from: Free, Pro, Ultimate, and Enterprise (each, a “Package”).  If you would like an Enterprise Package, please contact NubiQ at sales@nubiq.us
    10. b. Acceptance of Privacy Policy.  Your use of the Service is subject to the Privacy Policy, which is available at http://nubiq.us/privacy-policy/ and is hereby incorporated by reference into this EULA.  By using the Service you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.
    11. c. Third Party Fees.  Your may incur third party fees through use of the Service, such as fees charged by your Carrier for data usage. In addition, you may be subject to third party terms, through your use of the Service, such as your Carrier’s terms of service. You acknowledge and agree that you are solely responsible for all such fees incurred by you for use of the Service, and you agree to pay all such fees and abide by all such terms.
    12. d. Changes to this EULA.  We may revise this EULA at any time by posting an updated version.  You should visit this page periodically to review the most current EULA, because you are bound by it.  Your continued use of the Service after a change to this EULA constitutes your binding acceptance of this EULA.
    13. e. Eligibility.  If you are using or opening an Account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to this EULA and (ii) agree to be bound by this EULA on behalf of such Subscribing Entity.
    14. f. Children.  No part of the Service is directed to persons under the age of 13.  IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS The Service AT ANY TIME OR IN ANY MANNER.  If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
    15. 3. Scope of License to Users.
    16. a. License Grant to You.  The Service is licensed, not sold, to you for use only under the terms of this EULA.  Subject to your complete and ongoing compliance with the terms and conditions of this EULA, NubiQ hereby grants you a personal, limited, revocable, non-transferable license to (i) use the App on compatible, authorized devices that you own or control and (ii) access and use the Website and the Platform, in both instances solely for your own use or for the use of the Subscribing Entity on whose behalf you are authorized to act.
    17. b. License Limitations.  You may not modify, alter, reproduce, or distribute the App.  You may not directly rent, lease, lend, sell, redistribute or sublicense the Service.  You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service.  If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in this EULA, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, and denial of access to the Service.
    18. c. Applicability to Updates.  The terms of this EULA will govern any updates provided to you by NubiQ that replace and/or supplement the App, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
    19. 4. Registration and Eligibility.
    20. a. Account Types and Registration.
      1. i. Accounts.  While you may always browse the public-facing pages of the Website for free, in order to enroll in a Package, you must designate an administrator for your account on the Service (your “Account”) (the “Administrator”) who will register on the Website by selecting a username and password.  During registration, each Administrator must also provide the name of his/her Subscribing Entity, full name, title, address, email and phone number.  The Administrator may add other users to the Account (“Reps”) through the dashboard provided on the Platform (the “Dashboard”) by entering the full name, email address and selecting a password for each Rep.  Administrators will also select a Package and payment plan during registration.   
      2. ii. Demo Versions.  You may use a demonstration version of the Service without creating an Account, but to do so, you must provide your name, email address and phone number.
    21. b. Account Security.  Whether you are an Administrator or a Rep, your Account is personal to you, and you may not share your Account information with, or allow access to your Account by, any third party.  As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and any device that you use to access the Service.  You agree to notify us immediately of any breach in secrecy of your log-in information.  If you have any reason to believe that your Account information has been compromised or that your Account has been accessed by a third party, you agree to immediately notify NubiQ by e-mail to support@nubiq.us or by submitting a message through the Dashboard.  You will be solely responsible for the losses incurred by NubiQ and others due to any unauthorized use of your Account.
    22. 5. Content You Submit; License Grants From You.
    23. a. Your Content.  The Service may allow you to create, post, or share content, such as sales presentations (“Your Content”).  NubiQ claims no ownership or control over Your Content.  You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service.  You are responsible for protecting those rights.
    24. b. License Grants to NubiQ.  By creating, posting, or sharing Your Content on or through the Service, and subject to the Privacy Policy, you grant NubiQ a world-wide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, or display Your Content to you and your audiences, solely at your direction (e.g., when you ask us to display a presentation).
    25. c. You Must Have Rights to the Content You Post.  You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license set forth in this EULA, (ii) the posting and use of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party.  You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service.  You also acknowledge and agree that, as between you and NubiQ, or you and anyone you have chosen to display Your Content to through the Service, Your Content is non-confidential and non-proprietary.
    26. 6. Fees; Payments.
    27. a. Fees.  Pro and Ultimate Packages are available on a monthly or annual subscription basis (each subscription is a “Subscription”).  The fee (the “Fee”) to be charged for each Subscription will be set forth on the Service.  The Fee is due and payable pursuant to the payment plan you select on the Service.  Your Subscription will renew automatically each month or each year respectively.  We may increase the Fees upon 30 days’ notice to you, but no increase will apply to any Subscription for which payment has already been received.  You may cancel your Subscription through the functionality provided in your “account settings” area on the Platform.
    28. b. Payments.  The Service currently uses third parties to process payments.  Our third-party payment processors accept payments through various credit cards, as detailed on the applicable payment screen.  All monetary transactions on the Service take place in U.S. Dollars.
    29. c. Taxes.  Clients are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service, except for taxes on NubiQ’s income.  We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
    30. d. Refunds.  All Subscriptions are non-refundable.  If there are any issues with your Account, please e-mail us at billing@nubiq.us
    31. 7. Third Party Materials; NubiQ Content.
    32. a. You understand that by using the Service, you may encounter data, information, applications, materials and other content from third parties, including other users (collectively, “Third Party Materials”), and data, information, applications, materials and other content from NubiQ (collectively, “NubiQ Content” and, together with Third Party Materials, but excluding Your Content, “Service Content”).  You agree to use the Service at your sole risk and that NubiQ will have no liability to you for any Service Content that may be found to be offensive or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable.  You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk.
    33. b. In addition, third party services and Service Content that may be accessed from, displayed on or linked to your device are not available in all languages or in all countries. NubiQ makes no representation that the Service, any third party services, and Service Content are appropriate or available for use in any particular location.  To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
    34. 8. Your Use of the Service and Service Content.  Your right to use the Service is a privilege, not a right, and is expressly conditioned on the following:
    35. a. You may access the Service solely as intended through the provided functionality of the Service and as permitted under this EULA.
    36. b. You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without NubiQ’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without NubiQ’s express written consent:
      1. i. altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
      2. ii. using any trademarks, service marks, design marks, logos, photographs or other content belonging to NubiQ or obtained from the Service.
    37. c. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the App designed to control the manner in which the Service is used, harvest or mine Service Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
    38. d. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Service Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent permitted by this EULA, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by NubiQ.
    39. e. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent NubiQ makes available the means for embedding any part of the Service or Service Content.
    40. f. You agree not to access, tamper with, or use non-public areas of the Service, NubiQ’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of NubiQ’s providers.
    41. g. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including NubiQ employees and other users.
    42. h. You agree not to provide any false personal information to NubiQ or any other user, or create a false identify or impersonate another person or entity in any way.
    43. i. You agree not to create a new Account with NubiQ, without NubiQ’s express written consent, if NubiQ has previously disabled an Account of yours.
    44. j. You agree not to solicit, or attempt to solicit, personal information from other users.
    45. k. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.
    46. l. You agree not to use the Service, without NubiQ’s express written consent, to communicate or facilitate any commercial advertisement or solicitation, except in the manner intended by the Service.
    47. m. You agree not to gain unauthorized access to the Service, to other users’ Accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
    48. n. You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
    49. o. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
    50. p. You agree not to violate any applicable federal, state or local laws or regulations or this EULA.
    51. q. You agree not to assist or permit any persons in engaging in any of the activities described above.

A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.

    1. 9. Third Party Software.  The App consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package”) provided under separate license terms (the “Third Party Terms”), as described in more detail in Section 23.  Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.
    2. 10. Consent to Use of Data.  You agree that NubiQ may collect and use technical data and related information if you enable your device to send it to us, including, but not limited to, location, date, time, push notification. We may also collect  and use other technical information about your device, system and application software, and peripherals. The data described in this section is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Service, and to anonymously track and report your activity inside of the Service, including for analytics purposes.  Please see the Privacy Policy http://nubiq.us/privacy-policy/ for more details regarding the information NubiQ collects, and how it uses and discloses that information.
    3. 11. Ownership.  The Service, Service Content, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of NubiQ and its licensors.  Except for the limited licenses expressly granted to you under this EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted to you under this EULA, either expressly, or by implication, estoppel or otherwise.
    4. 12. Feedback.  We appreciate hearing from our users and welcome your comments regarding the Service.  Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:
    5. a. own, exclusively, all now known or later discovered rights to the Creative Ideas;
    6. b. not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
    7. c. be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
    8. 13. Consequences of Violating This EULA. We reserve the right to suspend or terminate your Account and prevent access to the Service for any reason, at our discretion.  We reserve the right to refuse to provide the Service to you in the future.  NubiQ may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment: violates this EULA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service.  You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of this EULA and your use of the Service.
    9. 14. NubiQ’s Liability.
    10. a. Changes to the Service.  We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
    11. b. User Disputes.  We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service.  You assume all risk associated with dealing with third parties.  You agree to resolve disputes directly with the other party.  You release NubiQ of all claims, demands, and damages in disputes among users of the Service.  You also agree not to involve us in such disputes.  Use caution and common sense when using the Service.
    12. c. Content Accuracy.  We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service.  Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service.  Use the Service at your own risk.
    13. d. Third-Party Websites.  The Service may include links to third party websites and applications.  You are responsible for evaluating whether you want to access or use them.  We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications.  You assume all risk and we disclaim all liability arising from your use of them.
    14. e. We make no promises and disclaim all liability of specific results from the use of the Service.
    15. 15. Termination.  This EULA is effective until terminated by you or NubiQ.  Your rights under this EULA will terminate automatically without notice from NubiQ if you fail to comply with any term(s) of this EULA (including by violating any license restriction provided herein).  You may terminate this EULA by uninstalling the App.  Upon any termination of this EULA, you must immediately cease all use of the Service.  We will delete all of Your Content within 10 days of termination of this EULA.
    16. 16. Disclaimer.  “Released Parties” include NubiQ and its affiliates, officers, employees, agents, partners, and licensors.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
    17. 17. Limitation of Liability.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU 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 NUBIQ 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 OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF THE FEES YOU HAVE PAID TO NUBIQ AND $100.

    1. 18. Indemnity.  You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and Accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any NubiQ Content, or (iii) your breach of this EULA.  We will provide notice to you promptly of any such claim, suit, or proceeding.
    2. 19. Third Party Disputes.  NUBIQ IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
    3. 20. Copyright Policy.
    4. a. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Service infringe your copyright, you (or your agent) may send NubiQ a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.  The notice must include the following information:
      1. i. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
      2. ii. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Service are covered by a single notification, a representative list of such works);
      3. iii. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow NubiQ to locate the material on the Service;
      4. iv. Your name, address, telephone number, and email address (if available);
      5. 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
      6. vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send NubiQ a counter-notice.

    1. b. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.  Notices and counter-notices with respect to the Service should be sent to Jesus Repetto, NubiQ Inc. 16 South Ave. W. Suite 262, Cranford, New Jersey 07016 legal@nubiq.us.  Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
    2. 21. Dispute Resolution
    3. a. This EULA and the relationship between you and NubiQ will be governed by the laws of the State of New York without regard to its conflict of law provisions.  You and NubiQ agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association.  Any such arbitration, to the extent necessary, shall be conducted in New York County in the State of New York.  You covenant not to sue NubiQ in any other forum.
    4. b. You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this EULA:
      1. i. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
      2. ii. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
      3. iii. YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
      4. 22. Miscellaneous.
    5. a. Assignment.  You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of NubiQ.  NubiQ may assign this EULA, including all its rights hereunder, without restriction.
    6. b. Survival.  The provisions of this EULA that are intended to survive the termination of this EULA by their nature will survive the termination of this EULA, including, but not limited to, Sections 2 (General), 5 (Content You Submit; License Grants from You), 8 (Your Use of the Service and Service Content), 9 (Third Party Software), 10 (Consent to Use of Data), 11 (Ownership), 12 (Feedback), 14 (NubiQ’s Liability), 15 (Termination), 16 (Disclaimer), 17 (Limitation of Liability), 18 (Indemnity), 19 (Third Party Disputes), 20 (Copyright Policy), 21 (Dispute Resolution), and 22 (Miscellaneous).
    7. c. Consent to Electronic Communications.  By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy.  Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices.  You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
    8. d. This EULA, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and NubiQ regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to this EULA.  The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this EULA or any provision of this EULA constitute a waiver of any subsequent breach or default or a waiver of the provision itself.  Use of section headers in this EULA is for convenience only and will not have any impact on the interpretation of particular provisions.  In the event that any part of this EULA is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and NubiQ as a result of this EULA or use of the Service.
    9. e. Contacting NubiQ.  You can contact NubiQ, Inc. by e-mail at legal@nubiq.us, or by U.S. Post at 16 South Ave. W. Suite 262, Cranford, New Jersey 07016.

NOTICE REGARDING APPLE.  You acknowledge that this EULA is between you and NubiQ only, not with Apple, and Apple is not responsible for the App or the content thereof.  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.  In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.  Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to:  (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights.  You agree to comply with any applicable third party terms, when using the App.  Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA.  You hereby 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.   If NubiQ provides a translation of the English language version of these Terms, then the translation is provided solely for convenience, and the English version shall prevail.

    1. 23. Third Party Software.

 

In addition to NubiQ’s copyrights, this product contains software components subject to the following third party copyrights and license terms:

 

NSFileManager+Tar.m

Created by Mathieu Hausherr Octo Technology on 25/11/11.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR(S) “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.

IN NO EVENT SHALL THE AUTHOR(S) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

ECSlidingViewController

Copyright (c) 2013 Mike Enriquez <mike@enriquez.me>

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

D3.js

Copyright (c) 2010-2014, Michael Bostock

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

* The name Michael Bostock may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL MICHAEL BOSTOCK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

NVD3.js

Copyright (c) 2011, 2012 Novus Partners, Inc.

Licensed under the Apache License, Version 2.0 (the “License”); you may not use this file except in compliance with the License. You may obtain a copy of the License at

http:www.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

Reachability

Copyright (c) 2011-2013, Tony Million.

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.