Terms of Service

The following terms and conditions govern all use of the NickelDog.com website and all content, services, and products available at or through the website (taken together, the Website). The Website is owned and operated by NickelDog Digital (“NickelDog Digital”, “we”, “us”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, NickelDog Digital’s Privacy Policy), and procedures that may be published from time to time on this Site by NickelDog Digital (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by NickelDog Digital, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Payment and Renewal

General Terms: By selecting a product or service, you agree to pay NickelDog Digital the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

Automatic Renewal: Unless you notify NickelDog Digital before the end of any applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to NickelDog Digital in writing.

Services

Fees; Payment: By signing up for a Services account you agree to pay NickelDog Digital the applicable fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. NickelDog Digital reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days’ written notice to NickelDog Digital.

Priority Email Support: If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by NickelDog Digital to respond within innovate@nickeldog.com) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free NickelDog.com services. All support will be provided in accordance with NickelDog Digital standard services practices, procedures, and policies.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through third-party websites and webpages to which NickelDog.com may link to and that may link to us. NickelDog Digital is not responsible for their contents or their use. NickelDog Digital does not represent or imply that it endorses third-party websites and webpages that link to our site and disclaims any responsibility for any harm resulting from your use of non-NickelDog Digital websites and webpages.

Copyright Infringement and DMCA Policy

As NickelDog Digital asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by NickelDog.com violates your copyright, you are encouraged to notify us in accordance with NickelDog Digital’s Digital Millennium Copyright Act (“DMCA”) Policy. NickelDog Digital will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

Intellectual Property

This Agreement does not transfer from NickelDog Digital to you any NickelDog Digital or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with NickelDog Digital. NickelDog Digital, NickelDog.com, the NickelDog.com logo, and all other trademarks, service marks, graphics, and logos used in connection with NickelDog.com, or the Website are trademarks or registered trademarks of NickelDog Digital or NickelDog Digital’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any NickelDog Digital or third-party trademarks.

Modifications To Agreement

NickelDog Digital reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. NickelDog Digital may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Disclaimer of Warranties

The Website is provided “as is”. NickelDog Digital and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither NickelDog Digital nor its suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability

In no event will NickelDog Digital, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to NickelDog Digital under this agreement during the twelve (12) month period prior to the cause of action. NickelDog Digital shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with the NickelDog Digital’s Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless NickelDog Digital, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between NickelDog Digital and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of NickelDog Digital, or by the posting by NickelDog Digital of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Harris County, Texas.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Houston, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; NickelDog Digital may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.