By accessing or using our website (our "Website") or our mobile application (our "Application") or collectively with the Website (our "Services") you agree to be bound by our terms of service set forth herein (our "Terms of Service"). If you do not agree with our Terms of Service, your sole recourse is to discontinue use of our Services immediately.
The Services are owned and operated by nEHbr™ and/or its affiliates (references to "nEHbr™", "we", "us", "our" are references to nEHbr™ and/or its affiliates). You are responsible for honouring the terms of any transactions that you take part in through our Services. nEHbr™ is not directly involved in transactions between users and cannot provide any assurance that with respect to commitments, representations, or warranties made by users of our Services. We do not confirm a user’s purported identity or control the content posted by users to our Services, and make no representations or warranties regarding the items or services offered by any user. It is your responsibility to evaluate the accuracy, completeness, truthfulness and other characteristics of items or services offered by users through our Services. We reserve the right to establish limits concerning the use of our Services, modify the nature of our Services, and to discontinue our Services entirely at anytime, without any further notice to you.
All text, data, graphics, photographs, images, audio, video, trademarks, service marks, trade names and other information, visual or other digital material, software (including source and object codes) and all other content of any description available through our Services, or available via a link from our Services to a page created by nEHbr™ on another website (collectively, the "Content"), are the sole property of nEHbr™ and/or its licensors. All Content is protected by Canadian and international copyright, trade-mark, service marks, patents, trade secrets and other proprietary rights and laws. Use of the Content for any purpose not expressly permitted in our Terms of Service or otherwise consented to by nEHbr™ is prohibited. You may download or print one copy of the Content to any single device for your personal, non-commercial, informational use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise copy, reproduce, perform, distribute, display or create derivative works of the Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of nEHbr™. To obtain written consent for such reproduction, please contact us at: email@example.com
Our Services are licensed, not sold. We grant you a non-exclusive, non-transferable, limited licence to install our Application, or access our Website, on any single mobile device, tablet, or similar technology solely to be used in connection with our Services for your private, personal, use. Our Services are protected by copyright and other intellectual property laws and treaties and are owned by us or our service providers. You agree that you will not copy, attempt to reverse engineer, modify, translate or disassemble our Services in whole or in part. You may not use or export or re-export our Services except as permitted under the law of the United States and Canada and the laws of the jurisdiction in which our Services were obtained. We may automatically check and update the version of our Services which you are using in order to improve the performance and capabilities of our Services.
You must adhere to our code of conduct, as described herein (the "Code of Conduct") as a condition of your continued access to and use of our Services. You agree to abide by all applicable federal, provincial, territorial and other laws and regulations. In addition, without limiting the foregoing, You agree not to:
We reserve the right to pre-screen, edit, limit or remove any such content uploaded by the user (“User Content”) in our sole discretion, without further notice to you. Notwithstanding, you shall remain solely responsible for any User Content you submit or post. You may be exposed to User Content that is inaccurate, incomplete or unsuitable. We will not be responsible for User Content or accuracy of any information, and shall not be responsible for any acts taken or decisions made based on such information. Any information you disclose in public areas of our Services becomes public information and is immediately accessible to other users, so it is important for you to carefully consider what, if any, personal information you reveal in these areas.
Furthermore, you understand and agree that we are under no obligation to display any of your User Content on our Services, and that we may edit or remove your User Content at any time, without further notice, at our sole discretion.
The following is a basic outline of rules “Business Rules” and recommendations “Business Recommendations” that should be followed by business users of the nEHbr™ app (“nEHbr™ Businesses”) in order to achieve successful connections with users of the nEHbr™ app (“nEHbr™ Users”) and to ensure that the nEHbr™ app provides the maximum benefit to both nEHbrs™ and nEHbr™ Businesses.
The following Business Rules must be followed by all nEHbr™ Businesses:
Business Rules are strictly enforced by nEHbr™ and if not followed may result in the suspension or permanent removal from the nEHbr™app.
The following Business Recommendations should be followed by nEHbr™ Businesses but are not strictly enforced by nEHbr™.
Recommendations are suggestions provided by nEHbr™ to ensure the highest retention amongst nEHbr™ Users.
nEHbr™ Users will have the option to manage the deals they receive from nEHbr™ Businesses. nEHbr™ Users have the following controls within the app:
nEHbr™ Businesses will receive this information and should take this feedback to make adjustments to future deals. For example, if several nEHbr™ Users start to dislike or block the deals, this should indicate that the deals are not sufficiently attractive and/or too many deals are being broadcast (i.e., spamming).
Please use our online reporting tool to tell us about any offensive or otherwise concerning User Content that you may see on our Services so that we maintain a positive experience for all users. We may, in our sole discretion, limit or terminate our Services, remove hosted content and take any other technical and/or legal steps to ensure that all users of our Services are acting in the spirit of our Terms of Service. Notwithstanding anything in the foregoing, you understand and agree that we do not monitor User Content and that we assume no liability for any User Content whatsoever, including any User Content which may be reported to us using our online reporting tool.
If you are an owner of intellectual property (or the owner' authorized agent) and believe that any of our Content or User Content infringes your intellectual property, please notify us using the following procedure: Please send a written notice of intellectual property infringement to: support@nEHbr.comIn your written notice, please provide the following information:
Although we strive to update and keep accurate as much as possible the content contained within our Services, errors and/or omissions may occur. DEPENDING ON THE JURISDICTION IN WHICH YOU LIVE, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE CONTENT OR USER CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO THE SERVICES WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT IS TIMELY, SECURE OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEHBR DISCLAIMS ALL WARRANTIES WITH RESPECT TO ITS SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
The nEHbr™ Services are provided "as is" and "as available". You agree not to hold us responsible for things other users post or do. As most of the content on the nEHbr™ Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of nEHbr™, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Notwithstanding anything contained in the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.
You will indemnify and hold harmless nEHbr™ and its affiliates and our and their respective officers, directors, agents and employees (each an "Indemnified Party"), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of our Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
You must be at least fourteen (14) years old to use our Services. If you are over 14 years of age but under the age of majority in your province or territory of residence, you must have your parent or legal guardian’s permission to do so. nEHbr™ reserves the right to confirm such consent at any time and to discontinue your use of our Services should such consent not be granted.
Where permitted by law, our Terms of Service are governed by and will be interpreted in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, without regard to any principles of conflicts of law. Where permitted by law, you agree that any action to enforce these Terms of Service may be brought in the courts located in the Province of Ontario. You further agree to submit to the personal jurisdiction of these courts for the purpose of any proceeding arising out of these Terms of Service and waive any objections and defenses inconsistent with such venue. By using our Services, you represent and warrant that your use complies with applicable law in your jurisdiction of residence.
These Terms of Service constitute the entire agreement between you and us with respect to your use of our Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced. Notwithstanding any other provisions of these Terms of Service, any provision of these Terms of Service that imposes or contemplates continuing rights or obligations on you or us will survive the expiration or termination of these Terms of Service, including, without limitation, the indemnification and limitation of liability provisions.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. If you wish to terminate your account with nEHbr™, you may discontinue using our Services and delete any applications or software that you may have downloaded from us. We may amend our Terms of Service by posting revisions through a link on our website, with no additional notice to you. Your continued access to and use of our Services will constitute acceptance of our amended Terms of Service. If you do not agree with our Terms of Service, or any future amendments, your sole recourse is to cease use of our Services. If you have any questions regarding our Terms of Service please contact support@nEHbr.com.
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ OUR TERMS OF SERVICE, UNDERSTAND THEM AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN OUR TERMS OF SERVICE.