PLEASE READ THESE MEMBER TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING ANY OF OUR AMENITIES (INCLUDING, BUT NOT LIMITED TO, ACCESSING ANY OF OUR LOCALHOST FACILITIES, REGISTERING FOR A NERD STREET GAMERS ACCOUNT OR PARTICIPATING OR ATTENDING A NERD STREET GAMERS EVENT), YOU REPRESENT THAT: (i) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND (II) YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE OR OLDER.
Updated as of July 28, 2020
Please forward any comments or complaints about the NSG Network and any questions regarding any legal matters, including any privacy-related concerns to firstname.lastname@example.org.
- Minors; Adult Supervision Required.
- Members Aged 13 to 17. If you are thirteen (13) to seventeen (17) years of age, you may be a Member and access the NSG Network with the consent of a parent or guardian.
- Fee for the NSG Network. Some portions of the NSG Network including the NSG Facilities Technology may require that you pay a fee in order to access it and some portions of the NSG Network may be provided "free of charge". We reserve the right to charge for access to any portion of the NSG Network at any time in the future.
- Welcoming Environment. NSG’s mission is to make esports accessible to everyone regardless of race, color, ancestry, national origin, gender, sexual orientation, marital status, religion, age, disability, gender identity, military service, genetic information or skill level. You are expected to treat everyone with respect and to ensure that your guests treat everyone with respect.
II. MEMBER CONDUCT IN FACILITIES AND AT EVENTS
- No Bad Manners. Inappropriate conduct, harassment or bullying including, without limitation, abusive, offensive, insulting or demeaning language, lewd conduct or any conduct that harasses, intimidates or is otherwise bothersome to other Members, guests or NSG employees is prohibited and will not be tolerated.
- No Cheating. You and your guest are expected to compete in Events to the best of your own skill and ability. Any form of cheating by any Member or guest will not be tolerated. Any activities intended to improperly impact the outcome of an Event, as determined by the sole discretion of NSG, are prohibited. Examples of cheating or improperly impacting an Event include (i) collusion or match-fixing, (ii) attempts to interfere with another player’s connection to the game, (iii) allowing a person, other than the registered participant, to compete on behalf of the registered participant, (iv) hacking of game servers, (v) use of unauthorized or restricted items, (vi) violent, harassing or threatening behavior, or (vii) using bots or other mechanisms to influence the outcome of a game.
- No Weapons. No weapons of any kind are permitted in Facilities or at in-person Events. In addition, no weapons of any kind are permitted on property owned or leased by NSG except as otherwise expressly permitted by applicable law. Weapons include, but are not limited to, firearms, handguns, rifles, automatic weapons, ammunition, gunpowder, knives that can be used as weapons, martial arts paraphernalia, stun guns/tasers, tear gas, fireworks, explosives, gasoline and other dangerous articles and substances.
- No Drugs or Alcohol. Member and their guests are not permitted to bring any drugs or alcohol to, or consume any drugs or alcohol or be impaired under the influence of any drugs or alcohol while at, any Facilities or in-person Events, regardless of whether such substance is legal in the state of the Facility or Event.
- Equipment. You are welcome and encouraged to bring your own headphones, keyboard, mouse into our Facilities or to our Events. You are also permitted to bring your own consoles, such as an Xbox or PlayStation, but only a member of the NSG staff may set up the console at the Facility. For security reasons, you are not permitted to bring your own personal computers or to use our Ethernet cables for your own personal computers or laptops.
- No Photographic or Video Equipment. No photography, videotaping, filming or audio recording in Facilities, at Events or of Material is permitted without prior written permission of management.
- No Smoking. Smoking is not permitted in any Facilities or at any in-person Events, except in designated outdoor smoking areas.
- No Solicitation. No solicitation is permitted in Facilities or at Events or at any other time when interacting with the NSG Network, whether for profit, political purposes or any other reason.
- Compliance with All Applicable Laws. You must comply with local, state, federal and international laws and regulations, including, but not limited to, copyright and intellectual property rights laws when engaging with the NSG Network, whether in person or online.
- Responsibility for Damage to Facilities or the NSG Facilities Technology. In order to continue making our Facilities and Events available to you and other Members, we require that our members treat our Facilities and the NSG Facilities Technology with respect, and refrain from any conduct that may damage or destroy such Facilities or NSG Facilities Technology. In the event you damage or destroy any element of the Facilities or the NSG Facilities Technology, you agree that you shall fully reimburse NSG for all costs, expenses, damages, liabilities and losses, including any attorneys’ fees, incurred by NSG in connection with any such damage or destruction.
III. MEMBER CONDUCT WHEN ENGAGING WITH NSG FACILITIES TECHNOLOGY OR WEBSITES.
- Engaging with the NSG Facilities Technology. Please act responsibly when engaging with the NSG Network and Websites.
- You agree to be responsible for and to bear all risk and consequences for (i) the accuracy, completeness, reliability and/or usefulness of any content that is not a part of the NSG Network and that is available through the NSG Facilities Technology and (ii) all communications that you send or receive via the NSG Facilities Technology.
- You may only use the NSG Network and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through the NSG Network. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the NSG Network is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by NSG) or privately transmitted on or through the NSG Network are the sole responsibility of the sender, not NSG, and that you are responsible for all material you upload, post or otherwise transmit to or through the NSG Network.
- We require that you do not post e-mails or submit to or publish through Forums (as defined in Section 28) or otherwise make available on or through the NSG Network any content, or act in a way, which in our opinion:
- libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor other person appearing in the content;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
- advocates or promotes illegal activity;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on the NSG Network;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or ’Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the NSG Network;
- copies any other pages or images on the NSG Network except with appropriate authority;
- includes MP3 format files;
- amounts to a ’pyramid’ or similar scheme;
- amounts to ’data warehousing’ (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
- disobeys any policy or regulations established from time to time regarding use of the NSG Network or any networks connected to the NSG Network; or
- contains links to other sites that contain the kind of content, which falls within the descriptions set out at (i) to (xvii) above.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by NSG anywhere on the NSG Network (e.g., on any web or mobile app space made available for your use).
- Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of the NSG Network by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the NSG Network.
- Acceptable Use Policy.
- All users of the NSG Facilities Technology must comply with this Acceptable Use Policy ("AUP"). This AUP is intended to prevent unacceptable uses of the NSG Facilities Technology. We do not actively monitor the use of all portions of the NSG Facilities Technology under normal circumstances. Similarly, we do not exercise editorial control or review the content of any non-NSG owned web site, electronic mail transmission, newsgroup or other material created or accessible over or through the NSG Facilities Technology. However, we may remove, block, filter or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject us to liability or may violate this AUP. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Violation of this AUP may result in the suspension or termination of your access to the NSG Facilities Technology.
The following constitute examples of violations of this AUP. You agree not to use the NSG Facilities Technology to:
- Transmit any material (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
- Harm, or attempt to harm, minors in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers to disguise the origin of any material transmitted through the NSG Facilities Technology;
- Transmit any material (by uploading, posting, email or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
- Transmit any material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
- Transmit any material (by uploading, posting, email or otherwise) that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the NSG Facilities Technology or servers or networks connected to the NSG Facilities Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the NSG Facilities Technology;
- Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
- "Stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent;
- Resell the NSG Facilities Technology without our written authorization; and
- Use the NSG Facilities Technology for high volume data transfers, especially sustained high volume data transfers, hosting a web server, IRC server, or any other server. You understand and agree that we may disclose your communications and activities relating to your use of the NSG Facilities Technology in response to lawful requests by governmental authorities, including Patriot Act requests, and judicial orders.
- Disqualify you and your teammates from any Event;
- Ban you from any future Event;
- Ban your teammates from any future Event;
- Cause you and your teammates to forfeit prizes or points related to any Event;
- Cause you and your guests to leave the Facility or Event without a refund;
- Terminate your membership with NSG;
- Ban you from the Facility;
- Cancel any historical hours logged by you; and
NSG will have sole discretion over whether to reinstate a person whose membership was terminated.
V. RELEASE OF LIABILITY; ASSUMPTION OF RISK RELATED TO COVID-19; MEDICAL TREATMENT
- Release of Liability and Assumption of Risk Related to COVID-19.
- You are aware of the highly contagious nature of the 2019 novel coronavirus disease (COVID-19) and the risk that you may be exposed to or contract COVID-19 by visiting any of our Facilities or attending any of our in-person Events, which may result in serious illness, personal injury, disability or death. While the Company has implemented measures to reduce the risk of spread of COVID-19, you acknowledge that NSG cannot guarantee that you will not become infected with COVID-19 during your visit to our Facility or attendance at our Event, and that your risk of contracting COVID-19 may be increased by visiting our Facility or attending our Event. NOTWITHSTANDING THESE RISKS, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY VISITING THE FACILITY OR ATTENDING THE EVENT WITH KNOWLEDGE OF THE DANGERS INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY OR DEATH ARISING FROM YOUR VISIT TO OUR FACILITY OR ATTENDANCE AT OUR EVENT WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
- You expressly waive and release any and all claims, now known or hereafter known, against NSG and its shareholders, members, directors, managers, subsidiaries, affiliates, officers, employees, agents, partners, distributors, service providers, landlords, property managers and licensors (collectively the "NSG Parties") on account of any illness, disability or death arising out of or attributable to my visit to any Facility or attendance at any Event, whether arising out of the ordinary negligence of NSG or any NSG Party or otherwise. You covenant and agree not to make or bring any claim against NSG or any NSG Party and forever release and discharge NSG and the NSG Parties from liability under such claims. This waiver and release does not extend to claims for gross negligence or willful misconduct if prohibited by applicable law.
- Medical Treatment. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention while engaging in any way with the NSG Network. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless NSG from any claim based on such treatment or other medical services.
VI. YOUR USE OF AND ACCESS TO THE NSG NETWORK
- Description of NSG Facilities Technology/Service Availability. We provide access to the NSG Facilities Technology at our physical locations. Not all NSG Facilities Technology may be available in all of our locations or in all areas of our locations and may not always be operational for any reason.
- Service. NSG reserves the right to modify or discontinue, temporarily or permanently, all or any part of the NSG Network and/or any NSG Facilities Technology, software, facilities and services on the NSG Network, with or without notice, and/or to establish general guidelines and limitations on their use.
- No Right or License in or to NSG IP. The NSG Network and materials incorporated by NSG on the NSG Network ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Intellectual Property"). Some of the characters, logos or other images incorporated by NSG on the NSG Network are also protected as registered or unregistered trademarks, trade names and/or service marks owned by NSG or others ("Trademarks"). NSG respects the intellectual property rights of others and asks that members of the NSG Network do the same. You acknowledge and agree that your membership in the NSG Network does not grant you any rights in or to the Intellectual Property or Trademarks of NSG and you agree to not use Intellectual Property or Trademarks of NSG without our prior written consent.
- Access to Internet. We may screen and/or restrict access to content, goods or services which we may consider improper, inaccurate, misleading, defamatory, obscene or otherwise offensive content placed on and/or accessible through the internet. If we do screen or restrict access, we do not, however, make any guarantees as to the quality or accuracy of screening or restricting of content. By accessing these services, you acknowledge that if you access the internet you may receive or be exposed to content, goods or services which you consider to be improper, inaccurate, misleading, defamatory, obscene or otherwise offensive. You agree that NSG is not liable for any action or inaction with respect to any such content on the internet accessible through the NSG Facilities Technology.
- Third-Party Sites
- The NSG Network may link you to other mobile apps or sites on the internet. These mobile apps and sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of NSG, and you acknowledge that (whether or not such sites are affiliated in any way with NSG) NSG is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by NSG or any association with its operators.
- NSG cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from NSG since other shop channels are owned and operated by independent retailers. NSG does not endorse any of the merchandise, nor has NSG taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. NSG does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
- Forums. THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THE NSG NETWORK ("FORUMS") ARE NOT NECESSARILY THOSE OF NSG OR ITS CONTENT PROVIDERS. NSG DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF NSG. NSG MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.
- Proprietary Online Services. Any area of the NSG Network that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
- Submissions, Postings and E-mails. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the NSG Network ("Submissions") provided by you to NSG are non-confidential and shall become our sole property. NSG shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original to you, or that you have the right to submit such Submissions. You agree there shall be no recourse against the NSG Parties for any alleged or actual infringement of misappropriation of any proprietary right in your Submissions.
- Claims of Infringement. If you believe that any content appearing on the NSG Network infringes your copyrights, we at NSG want to hear from you. Please forward the following information in writing to the Copyright Agent at the address and/or email address listed below:
- your name, address, telephone number, and e-mail address;
- a description of the copyrighted work that you claim has been infringed ;
- the exact URL or a description of each place where alleged infringing material is located;
- a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
- your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
- a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf
- Copyright Agent. c/o NSG, 908 North 3rd Street, Philadelphia, Pennsylvania 19123, USA, and email@example.com. NSG seeks to preserve any and all exemptions from liability that may be available under the copyright law but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
- Cash Prizes. To claim a cash prize associated with an Event, the Member shall deliver to firstname.lastname@example.org no more than thirty (30) calendar days following the date of the Event: (i) a statement confirming the Event to which the prize relates and (ii) a pdf of Member’s Form W-9 for tax reporting purposes. If a Member does not claim his or her prize within thirty (30) calendar days of an Event, the Member forfeits his or her right to such prize and shall have no further claim thereto.
- Points. Member acknowledges and agrees that any points earned by Member shall be awarded at NSG’s sole discretion and that such points do not have any cash value and cannot be redeemed by Member with NSG or any other party for cash or any other items of value.
VIII. MEMBER INFORMATION AND PRIVACY
- Monitoring. Activity in the Facilities or at Events may be recorded for security purposes.
- Security. Any usernames and passwords used for the NSG Network are for individual use only. You shall be responsible for the security of your username and password (if any). NSG shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that NSG considers insecure, NSG will be entitled to require this to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with the NSG Network to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, NSG reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
- Local Regulations. NSG makes no representation that Materials or other content in the NSG Network are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the NSG Network from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
IX. DISCLAIMERS; LIMITATIONS OF LIABILITY; DISPUTE RESOLUTION
- Disclaimer of Liability from Member Interactions. NSG PARTIES ARE NOT RESPONSIBLE FOR THE CONDUCT OF OTHER MEMBERS OR THEIR GUESTS.
- Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Your access to the Facilities, use of the NSG Facilities Technology, Websites, and/or Material and/or participation in Events ARE AT YOUR OWN RISK. THE FACILITIES, NSG FACILITIES TECHNOLOGY, WEBSITES and MATERIALS ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WHEN AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, NSG AND ALL NSG PARTIES DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE NSG PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE NSG NETWORK (INCLUDING ANY NSG FACILITIES TECHNOLOGY) WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE NSG FACILITIES TECHNOLOGY, THE SITE(S) OR THE SERVERS THAT MAKE THE NSG NETWORK AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NSG PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, THE NSG FACILITIES TECHNOLOGY, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE NSG NETWORK OR ANY WEB SITES OR MOBILE APPS LINKED TO THE NSG NETWORK IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE NSG PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE NSG FACILITIES TECHNOLOGY, MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE NSG NETWORK OR ANY WEB SITE OR MOBILE APP WILL NOT INFRINGE THE RIGHTS OF OTHERS AND THE NSG PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE NSG FACILITIES TECHNOLOGY OR ANY SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE NSG NETWORK OR ANY OTHER WEB SITE OR MOBILE APP. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Liability.
- EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT SHALL ANY NSG PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USE OF, OR ACCESS TO, THE NSG NETWORK REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. Except in the event of gross negligence or willful misconduct by any of the NSG Parties, the NSG PARTIES shall not BE LIABLE TO YOU FOR AN AMOUNT EXCEEDING THE TOTAL AMOUNT PAID TO NSG BY YOU DURING THE ONE-YEAR PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
- NOTWITHSTANDING SECTION 42(a), THE NSG PARTIES DISCLAIM ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DO NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE NSG FACILITIES TECHNOLOGY, THE WEBSITES OR ANY OTHER WEB SITE, MOBILE APP, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE NSG NETWORK OR ANY OTHER WEB SITE OR MOBILE APP, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE NSG PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE NSG PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Website, Inc., ("JAMS") by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to NSG by mail to 908 North 3rd Street, Philadelphia, Pennsylvania 19123, USA.
- Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or NSG may bring an individual action in a small claims court in the area where you access the NSG Network if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
- Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
- Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS’s fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of the JAMS’s fees and costs will be NSG’ responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the JAMS’s fees and costs shall be governed by the JAMS Rules and you shall reimburse NSG for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, NSG will pay all fees and costs that it is required by law to pay.
- Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court in Philadelphia, PA. WHETHER IN COURT OR IN ARBITRATION, YOU AND NSG AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.
- Continuation. This Arbitration Provision will survive the termination or expiration of these Terms