Terms and Conditions
1. DEFINITIONS
NEW BEGINNINGS AT THE NEST is a class and/or website (herein “class”) maintained by New Beginnings at the Nest (the “Nest”). You refers to yourself or any related or party or parties who access the class as a relative or affiliate of You. “Access” means viewing or otherwise obtaining information located from the website or class. “Agreement” refers to these Terms and Conditions and any subsequent modification.
2. ACCEPTANCE OF TERMS AND CONDITIONS; RESTRICTIONS
By attending the class or accessing the information on the website through any medium You acknowledge that You have read and understand and accept and agree to be bound by all conditions imposed in these Terms and Conditions. Nest reserves the right to modify these Terms and Conditions at any time without notice to You. Any change in these Terms and Conditions is effective immediately upon Your receipt of notice from Nest. Notice can be given through e-mail, posting on the class, or any other means by which You may obtain notice. You should periodically check these Terms and Conditions for changes. Any use of the website or information after changes have been made shall be deemed acceptance of those changed Terms and Conditions. Use of the website or information is voluntary. If at any time You do not agree to the Terms and Conditions, then You are not authorized to access, browse or use the website or information, and You must discontinue use of the website and information immediately. Nest has the exclusive right to control accessibility, hours of use, features of the website and any other information found on the website. Nest can restrict access to any or all portions of the website or remove any information or content from the class at any time. You are solely responsible for providing the equipment related to accessing the website and information, including all computer, remote communications equipment, telephone or other equipment.
Use of the website and class is limited to persons who are eighteen (18) years of age or older. The website and class is not directed to persons under 18, and the policy of Nest is NOT to knowingly collect any personal information from persons under 18. If you are under 18, you should leave the website and class without providing any information about yourself. Any access to or use of the website or class by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the website, class or related services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the website class and this Agreement. By using the website and class, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of these Terms and Conditions.
The owner of the website and class is based in the State of California in the United States. We provide the website and class for use by persons located in the United States. We make no claims that the website or class is appropriate outside of the United States. Those who choose to access the website from locations outside of the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable, including, without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside.
3. COPYRIGHT
All content on the website (with the exception of content provided by third party content providers) are the copyrighted property of Nest. Other than the download to the viewer’s phone or computer that is inherent in viewing and using the website, the contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, “framed” on another website or for use in another class, or distributed in any way without the prior written consent of Nest.
4. PROHIBITED CONDUCT
You expressly agres to refrain from doing, either personally or through an agent, any of the following:
1. Use any device or other means to harvest information about other individual users of the website.
2. Transmit, install, upload or otherwise transfer any virus or other item or process to the website that in any way affects the use, enjoyment or service of the website.
3. Post or store on the class any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
4. Modify the information, including headers, found on the website.
5. Transmit, install, upload or otherwise transfer to the website any unauthorized advertisement or communication.
6. Engage in any action that Nest determines is detrimental to the use and enjoyment of the website.
7. Use the website for any unlawful or defamatory means.
8. Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
5. DISCLAIMER AND LIMITATION OF LIABILITY
Although Nest has attempted to provide accurate information on the class, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. YOU ACCESS THIS WEBSITE AND INFORMATION PROVIDED IN CLASS AT YOUR OWN RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, THE WEBSITE AND CLASS IS PROVIDED WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER NEST NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS WEBSITE OR IN CLASS, INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY LAW, THIS DISCLAIMER IS CLASSLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF NEST, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION THROUGH THEFT OR ANY OTHER MEANS. NEST IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS WEBSITE OR CLASS. IN NO EVENT WILL NEST OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF UNAFILLIATED THIRD PARTIES. IN NO EVENT WILL NEST OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF YOUOR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE WEBSITE OR CLASS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6. THIRD PARTY CONTENT
To the extent there is third party content, the Nest is not the publisher or speaker of any information on the website or for class materials that is provided by third party individuals, content providers or by third party Companies, and Nest is not liable for any claims related to that information. Any mention of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Nest. Nest assumes no responsibility for those products or services. Any dealings among any You and any third parties mentioned on or found through the website or class are solely between the You and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings. NEST MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS WEBSITE THAT MAY ALLOW INDIVIDUALS TO ACCESS INFORMATION FOUND ON ANOTHER WEBSITE. ADDITIONALLY, NEST DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY CLASS WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS CLASS.
7. RELEASE AND INDEMNIFICATION
In the event you have a dispute with one or more users of the website or class (including, but not limited to, any dispute regarding any transaction or generated content by You) or any third party class that may be linked to or otherwise interact with the website or class, including, without limitation, any social media website or class, you hereby agree to release and forever discharge Nest and its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, suppliers, distributors, vendors, contractors, licensors, attorneys, affiliates, successors and assigns (collectively, “Released Parties”) from any and all rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the website or class, to the fullest extent provided by law.
You further agree to indemnify, defend, and hold harmless, to the fullest extent provided by law, Released Parties from and against all claims, demands, liabilities, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from, arising out of, or in connection with your use, unlawful use or other misuse, or inability to use the website or class, your breach of this Agreement, or otherwise relating to the business we conduct on the website or class (including, without limitation, any potential or actual communication, transaction, or dispute between you and any other third party), any action taken by Released Parties as a consequence of investigations by either Released Parties or law enforcement authorities, any content posted by you or on your behalf to the website or class, any use of any service provided by a third party provider, or any use of a service offered by us that interacts with a third party website or class, including any social media website or class. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not settle any matter without our written consent. This Section survives termination of this Agreement.
8. VIOLATION OF THESE TERMS AND CONDITIONS
Nest may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the website or class, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Nest’s rights or property, or the rights or property of visitors to or users of the website or class. Nest reserves the right at all times to disclose any information that Nest deems necessary to comply with any applicable law, regulation, legal process or governmental request. Nest also may disclose your information when Nest determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Nest, for which monetary damages would be inadequate, and you consent to Nest obtaining any injunctive or equitable relief that Nest deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Nest may have at law or in equity
9. ENTIRE AGREEMENT; SEVERABILITY; CHOICE OF LAW, ARBITRATION AND VENUE
These Terms and Conditions, as well as any agreement signed between You and Nest constitute the entire agreement between Nest and You regarding the subject matter hereof. Any previous agreement, whether oral or written, between Nest and You dealing with the subject matter hereof is superseded in the event there is conflicting terms or conditions. If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. This Agreement and any claim or controversy relating to or arising from the use of the website or class or services (hereafter, “Claims”), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.
TO THE FULLEST EXTENT PROVIDED BY LAW, ANY CAUSE OF ACTION OR CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES, OR THE CAUSE OF ACTION OR CLAIM SHALL BE FOREVER BARRED.
YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE CLASS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Orange County, California. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. 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 with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PROVIDED BY LAW, EACH PARTY HEREBY WAIVES (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the Superior Court of the State of California, in and for the County of Orange or, where applicable, the federal District Court sitting in the County of Orange, State of California. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
By using the class and/or related services in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between You and Nest. You also give up your right to participate in a class action or other class proceeding.