The service operated under Nevrgone LLC. (the “Service”), and is provided by Nevrgone LLC., a company registered in Idaho, United States of America whose registered Tax number is 86-2809563, whose registered office is Boise, Idaho, USA (“we”, “us”, “our”).
Acceptance of Terms
By accepting these terms of service (“Terms”) or by accessing or using the Service, You acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms, You must not accept these Terms and may not use the Service. If you make the Service available for a third party to access, you shall be responsible for any access by such third party in connection with your account and these Terms shall continue to apply to you as a user of the Service. In addition to these Terms, by using the Service you agree with and accept the Privacy Policy, Use of Cookies, Storage and Transfer of Information and any other applicable policies of Nevrgone, LLC.
Changes to Terms
Nevrgone LLC., may update and change the Terms from time to time without notice. Any new features or tools shall be considered part of the Service and subject to the Terms. 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 at any time by requesting a copy. A copy is available on www.Nevrgone.com
General conditions
In order to use the Service, you must register for an account providing your full name and email address and any other information indicated as required. We may reject your application for an account, or cancel an existing account, for any reason, in our sole discretion. You agree not to use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components. You understand that the technical processing and transmission of the Service, including your data, 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 and (c) transmission to Nevrgone LLC’s third party vendors and partners who provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You are responsible for keeping your password secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and/or password. You acknowledge that Nevrgone LLC., is not PCI-compliant and you agree not to store any sensitive third party information within Nevrgone LLC including, but not limited to, credit card details and other sensitive personal data. You agree not to reproduce, sell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Nevrgone LLC. Any neglect or failure by Nevrgone LLC to enforce any of these Terms shall not be construed as a waiver or variation of these Terms or otherwise prejudice any of the Nevrgone LLC’s rights under them.
Disclaimer & Limitation of Liability
The service is provided on an “as is” and “as available” basis without any warranties of any kind, to the fullest extent permitted by law. Nevrgone LLC expressly excludes any and all warranties, whether express or implied, whether by common law, statute, trade usage, course of dealings or otherwise. You expressly agree and acknowledge that Nevrgone LLC does not warrant that the Service will be uninterrupted, timely, secure, error-free or virus-free and no information or advice obtained by you from Nevrgone LLC or through the Service shall create any warranty not expressly stated in these Terms. Under no circumstances, whether in contract, tort, or otherwise, shall Nevrgone LLC be liable to you or any third party for any direct or indirect damages (including lost profits, lost sales or business, lost data or business interruption) totalling more than your most recent month’s payment for the Service, (calculated on a pro-rata basis) or $500, whichever is the greater. It shall be your responsibility as the account holder to ensure that any aspect of the Service which you propose to use on your own equipment is compatible with such equipment or your own software and we shall have no liability for any lack of functionality or damage suffered as a result or any such compatibility. However, nothing in these Terms shall be taken to limit or exclude either party’s liability for any act or omission for which the exclusion or limitation of liability is prohibited by law. We shall have no liability in relation to any products of services which are purchased, rented, leased or otherwise obtained using the Service and you agree that, no action may be brought against us in the event of any damage or loss suffered by any third party.
Our Rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time. We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to purchase rental gear at an agreed upon price from both parties and resell the gear on Nevrgone Marketplace. We may, but have no obligation to, remove, suspend or terminate an account if we determine in our sole discretion that any goods or services offered through the Service, violate these Terms. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Nevrgone LLC., employees and contractors may also be Nevrgone LLC., customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
No Waiver
Any failure of Nevrgone LLC., to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and the documents it incorporates by reference constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and Nevrgone LLC., (including, but not limited to, any prior versions of these Terms.
Intellectual Property Rights
The creation of an account or any use of the Service shall not constitute the transfer of any ownership of intellectual property rights from Nevrgone LLC to you or any other third party. We do not claim any intellectual property rights over the any content or information you provide when using the Service. Any such content will be handled in accordance with our data protection policies.
Payments & Pricing
The Service is billed on an annual basis and is non-refundable. *Minimum contract length 12 months. For any upgrade or downgrade in plan level part way through the year, you will be charged a pro-rated amount for the current year, and then the full new amount from the following year onwards. Prices of all Services, including but not limited to annual fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time. However you will be issued an invoice for 1 year’s service with a FIXED price. This price will be guaranteed for the duration of the period specified. Your account may be suspended or terminated if you do not pay the fees as they fall due. There is an additional 3% late fee pro-rated for late payments. Failure to pay the agreed annual fees and late fees, will result in immediate termination from the Platform.
Cancellation / Termination
You may cancel your account at any time* by contacting Nevrgone LLC in writing or email. *Minimum contract length 12 months. All of your data will be removed from the Service upon cancellation in compliance with Data Protection laws, however you will be able to download your reservations prior to this data being removed. Nevrgone LLC, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, for any breach of these Terms or any other applicable policy.
Jurisdiction
These Terms shall be governed by and construed in accordance with United States laws. Any dispute arising out of use of the Service shall be subject to the jurisdiction of the Courts in Ada County, Idaho.
With questions or to opt-out contact: Robert@nevrgone.com