1. ACCEPTANCE OF TERMS OF SERVICE
3.1. To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
4. CONTENT DEFINITION
5. NOTICES AND RESTRICTIONS
5.1. The Services may contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
6. USE LICENSE
7. AVAILABILITY OF CONTENT
8. RULES OF CONDUCT
9. EARNING AND REDEEMING NEST POINTS
9.2. Health Care Program Beneficiary. If you are a state or federal health care program beneficiary and electric toothbrushes are covered or reimbursable in your program, you shall not redeem Nest Care Inc Points for third-party gift cards or other cash equivalents. Examples of state and federal health care programs include Medicare, Medicaid, TRICARE, and the Veterans Administration.
10. THIRD PARTY SERVICES
10.1. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
10.2. If you choose to purchase a product or service from a party other than NEST, including products manufactured by NEST or services delivered in part by NEST, please note that your ability to return said products, receive a refund, receive repair services, or other remedies, is governed by your contract with the third party, and not NEST. To the fullest extent allowed by applicable law, NEST shall have no liability or responsibilities towards you based on your dealings with any third party.
11.1. Certain of our Services may involve the purchase of products offered by us that would be shipped to an address provided by you.
11.2. All purchases of physical items from NEST are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
11.3. We will not be responsibility for any shipping delays or loss of product beyond our control, including any delays created by products being held at border customs en route to a customer’s shipment address.
12. PAYMENTS AND BILLING PAID SERVICES
12.1. Certain of our Services, including the purchase of any products offered by us, may be subject to payments now or in the future (the “Paid Services”). Please see our Help / FAQ [www.nestoralcare.com/help] for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
13. PAYMENT METHOD
13.1. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
13.2. The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.
13.3. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
13.4. Some of the Paid Services, such as the purchase of auto-replacing brush heads or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. More information on auto-replacing products can be found at our Help / FAQ page. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment.
13.5. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO WWW.NESTORALCARE.COM.
14. CURRENT INFORMATION REQUIRED
14.1. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT WWW.NESTORALCARE.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
15. CHANGE IN AMOUNT AUTHORIZED
15.1. If the amount to be charged to your Billing Account varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
16. AUTO-RENEWAL FOR SUBSCRIPTION SERVICES
16.1. Unless you opt out of auto-renewal, which can be done through your Account Settings [www.nestoralcare.com/customer/account], any subscription services, such as any auto-replacing products (“Subscription Services”), you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to Account Settings [www.nestoralcare.com/customer/account]. If you terminate a Subscription Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. All fees related to Subscription Services are fully earned upon payment.
17. REAFFIRMATION OF AUTHORIZATION
17.1. Your non-termination or continued use of a Paid Service (including Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
18. FREE TRIALS AND OTHER PROMOTIONS
18.1. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at firstname.lastname@example.org.
20. WARRANTY DISCLAIMER
20.1. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
20.2. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
22. LIMITATION OF LIABILITY
22.1. In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00.
23. GOVERNING LAW AND JURISDICTION
25. MISCELLANEOUS ENTIRE AGREEMENT AND SEVERABILITY
26. FORCE MAJEURE
26.1. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
28. COUPON CODES
28.1. Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one coupon code per order per Account. Coupon codes generally expire and are no longer valid for redemption 90 days after their date of generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where prohibited, taxed or restricted. Nest Care Inc reserves the right to change or limit coupon codes in its sole discretion.
29. FREE REFILL COUPON
29.1. Coupons codes for a free refill can be redeemed for (1) one free brush head refill and one toothpaste refill, (2) one brush head, or (3) one toothpaste refill.
31. AMBASSADOR PROGRAM TERMS AND CONDITIONS.
31.1. BY SUBMITTING THE ONLINE APPLICATION, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
31.2. Ambassador Program. The terms and conditions set forth in this section are the terms and conditions applicable to the NEST Dental Professional Ambassador Program (the “Ambassador Program”). Under the Ambassador Program, NEST offers registered users who are dental professionals (each, an “Ambassador”) the opportunity to download materials provided by NEST, such as videos, photos or written materials (“Program Assets”). Ambassadors who are dental professionals that wish to take part in the Ambassador Program are bound by these terms and conditions. If you do not agree and abide by these terms and conditions in their entirety, you are not authorized to participate in the Ambassador Program. We reserve the right to modify or amend, at any time, the terms and conditions of the Ambassador Program. We reserve the right to disqualify any Ambassador at any time from participation in the Ambassador Program.
31.3. How the Ambassador Program works. To begin the enrollment process, you will complete and submit the online application at the nestoralcare.com server. We may reject your application or cancel your participation at our sole discretion. You may only use NEST Program Assets, in accordance with the Limited License described in Section 31.4 below. Any violation of this Limited License will be cause for cancelation of participation and subject Ambassador to liability for any losses associated with the violation of the Limited License.
31.4. Limited License. Nest Care Inc hereby grants Ambassador, solely for the purposes and subject to the conditions herein, a limited, non-exclusive, non-transferrable, non-sub licensable, revocable license in and to the Program Assets, including the NEST trademark only when used in accordance with Program Assets. This limited license is only to be used in accordance with these Ambassador Program Terms and Conditions. No title or ownership in the NEST trademark or the Program Assets is transferred to Ambassador and Ambassador acknowledges that the limited license inures to the benefit of NEST, and Ambassador shall acquire no rights, interest or goodwill to the NEST trademark or Program Assets. Ambassador agrees to cease distribute on or use under this limited license within 24 hours of notice from NEST, in its sole discretion.
31.5. Indemnification. By participating in the Ambassador Program, you agree to defend, indemnify and hold harmless NEST, its service providers, and their respective parent companies, affiliates, and subsidiaries, together with their respective employees, directors, officers, licensees, shareholders, attorneys and agents (collectively, the “Released Parties”), from any and all claims, actions, demands, losses, liabilities, cost, or expenses, caused by, arising out of, in connection with, or related to your participation in the Ambassador Program, including but not limited to any claim alleging a violation of privacy, publicity, confidentiality, or other right of any Purchaser.
31.6. Suspension of Ambassador Program. Nest Care Inc reserves the right to cancel or suspend the Ambassador Program for any reason, or no reason at all, in its sole discretion, including if NEST determines that the administration, security, or fairness of the Ambassador Program has been compromised in any way.
31.7. Disclaimer of Warranties. YOU AGREE THAT (A) YOUR PARTICIPATION IN THE AMBASSADOR PROGRAM IS AT YOUR OWN RISK, THE AMBASSADOR PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, THE AMBASSADOR PROGRAM DOES NOT ESTABLISH AN EMPLOYEE-EMPLOYER RELATIONSHIP, AMBASSADORS ARE NOT REPRESENTATIVES OF NEST, AND NEST EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, OR CUSTOM, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (B) NEST MAKES AND GIVES NO WARRANTY THAT (I) THE AMBASSADOR PROGRAM WILL MEET YOUR REQUIREMENTS, (II) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE RESULTS FROM THE USE OR PARTICIPATION IN THE AMBASSADOR PROGRAM WILL BE ACCURATE OR RELIABLE.
33. NO WAIVER
35.1. You may contact us at the following address: Nest Care Inc NYC Inc., c/o Chief Operating Officer, 45 Main St, Suite 628, Brooklyn, NY 11201.
35.2. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
36. MANDATORY ARBITRATION AND CLASS ACTION WAIVER FOR RESIDENTS OF THE UNITED STATES. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
36.1. Application. You and NEST agree that these Terms affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This section entitled “Mandatory Arbitration and Class Action Waiver for Residents of the United States” is intended to be interpreted broadly and governs any and all disputes between you and NEST. Any and all disputes may include, but are not limited to (i) claims arising out of or relating to any aspect of the relationship between you and NEST, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and (iii) claims that may arise after the termination of these Terms. The only disputes excluded from the broad prohibition in this subsection entitled “Application” are the litigation of certain intellectual property and small court claims, as provided in the subsection entitled “Exception” below.
36.2. Initial Dispute Resolution. Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that you will try to resolve your dispute directly with us before taking any formal action, by contacting us at the address or email address set forth in below. When you contact us, you must provide a brief, written description of the dispute and your contact information. If you have an account with us, you must include the email address associated with your account. Except for intellectual property and small claims court claims (see the subsection entitled “Exception” below), you and NEST agree to use good faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation with each other. You and NEST agree to engage in good faith discussions before initiating a lawsuit or arbitration and understand that good faith discussions are a precondition of initiating a lawsuit or arbitration.
36.3. Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims (except as provided in the subsection entitled “Exception” below), as long as the party agrees with the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of NEST shall be finally settled by binding arbitration administered by JAMS in accordance with either (i) the JAMS Streamlined Arbitration Procedure Rules, for claims that do not exceed $250,000; or (ii) the JAMS Comprehensive Arbitration Rules and Procedures, for claims exceeding $250,000. The JAMS rules and procedures just identified shall be those effect at the time the arbitration is initiated (not the Last Modified date of these Terms), excluding any rules or procedures governing or permitting class actions.
36.4. Arbitrator’s Powers. The arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms. Such disputes may include, but are not limited to, any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
36.5. Filing a Demand. To start an arbitration, you must do all three of the following: (i) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (ii) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (iii) send one copy of the Demand for Arbitration to us at: Nest Care Inc NYC, Inc., 45 Main Street, Suite 628, Brooklyn, NY 11202. Attn: Chief Operating Officer. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, NEST will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, NEST will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Wilmington, Deleware, United States, and you and NEST agree to submit to the personal jurisdiction of any federal or state court in New Castle County, Deleware in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, NEST will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, NEST will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Wilmington, Deleware, United States, and you and NEST agree to submit to the personal jurisdiction of any federal or state court in New Castle County, Deleware in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
36.6. Class Action Waiver. YOU AND NEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. This means that you and NEST expressly waive any rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
36.7. Exception. Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights. “Intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but does not include privacy or publicity rights. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
36.8. 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Nest Care Inc NYC, Inc., 45 Main Street, Suite 628, Brooklyn, NY 11201 Attn: Chief Operating Officer. Your written notice must have the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (i) April 1, 2020; or (ii) your first date that you used the Site that contained any versions of the Terms that included this version of the Mandatory Arbitration and Class Action Waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with this section entitled “Mandatory Arbitration and Class Action Waiver for Residents of the United States”. If you opt out of these arbitration provisions, NEST also will not be bound by them.
36.9. Changes to This Section. Nest Care Inc will provide thirty (30) days' notice of any material changes to this section by posting notice on the Site or informing you via email, and complying with any other applicable legal notice or consent requirements. Amendments will become effective thirty (30) days after they are posted on the Site or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day.
If a court or arbitrator decides that this subsection (“Changes to this Section”) is not enforceable or valid, then this subsection will be deemed to be severed from the section entitled “Mandatory Arbitration and Class Action Waiver.” If this happens, the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section or similar section in existence after you began using the Site.
36.11. Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Site.
37. NO SUPPORT.
37.1. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
38.1. February 4th, 2022