Your use of any software or platform offered under the NUKSHUK, MYNUKSHUK, COACHNUKSHUK, or POWEREDBYNUKSHUK (the “Marks”) names, any NUKSHUK websites (currently www.NUKSHUK.com (the “Site)), any websites or mobile applications powered by NUKSHUK software (“NUKSHUK Sites”) or the NUKSHUK mobile application (“App”) (the Site, NUKSHUK Sites, and App collectively referred to as the “Platform”) is subject to your acceptance of these Terms of Use (“Terms”). By completing the online registration process or downloading the App, you confirm and affirm that you have read, understood, and agree to these Terms. If you do not agree to these Terms, or are incapable of complying with them, do not use the website.
Regardless of the device you use to access the Platform, your use of the Platform is subject to your compliance with these Terms, as well as any other written agreement between us and you. You also agree to comply with any additional rules, conditions, guidelines or terms or conditions of use specific to the products or services provided by us or made available through the Platform.
We may, in our sole discretion and in addition to any other remedies available to us, with or without cause or notice, withdraw, suspend or discontinue at any time your use of the Platform or any of their functions, features, materials or Content (defined below).
We may update these Terms from time to time. Please check the Terms each time you access or use the Platform. If we make material changes to the Terms, we will post the revised Terms on the Platform and the revised effective date at the bottom of these Terms. Your continued access to or use of the Platform after the date of any such changes become effective constitutes your acceptance of the new Terms.
Your personal information will be used and protected in accordance with our Privacy Policy (https://www.nukshuk.com/privacy-policy.html).
License and User Conduct
NUKSHUK grants you a personal, revocable, non-transferable, non-exclusive limited license to download, install, access and use the Platform for your personal and internal business purposes only and strictly in accordance with these Terms. These Terms further apply to and govern any upgrades provided by NUKSHUK that replace and/or supplement the version of the Platform that you initially used, accessed, or downloaded, unless such upgrade is accompanied by a separate license in which case the terms of that separate license will govern. All rights not expressly granted in these Terms are reserved for NUKSHUK.
Your use of the Platform pursuant to these Terms is limited to (1) receiving information about our company, platform, and programs and (2) accessing the Platform, (3) sharing information via the Platform, and (4) receiving information from other users of the Platform. You may access, download, and print materials only as necessary to receive the services and information and, in doing so, you must retain any and all notices, trademarks, and other markings found on those materials.
You agree that you will comply with these Terms and that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others, or negatively impacts others’ ability to use the Platform (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Platform; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Platform for any other authorized user; or (g) violate any applicable local, state, national or international law.
You also agree that you will not (h) attempt to gain unauthorized access to any portion or feature of the Platform or our systems, networks or servers by hacking, password “mining” or any other illegitimate means. You agree not to (i) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Platform, systems, networks or servers to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any means not purposely made available through the Platform. You also agree not to sell, license, or distribute any such Content, materials, documents, or information.
We reserve the right to revoke your license to the Platform and its Content and to suspend, or bar any access to or use of the Content or the Platform for violations of these Terms, to protect the Platform, or for any other reason in our sole discretion.
You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content or the Platform or access to the same. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof except as expressly permitted herein.
We may make improvements, changes, or amendments to the information, services, products, and other materials on the Platform, or terminate the Platform at any time in our sole discretion. At some point we may update the Platform. While the App is currently available on the iOS, the requirements for both that systems (and for any additional operating systems on which we may decide to offer the App) may change, requiring you to download the updates if you want to keep using the App. You promise to always accept updates to the Platform when offered. The decision to develop and offer, or not offer, updates to the Platform belongs solely to us.
The Platform that may be accessed from, displayed on or linked to from your mobile device or PC are not available in all languages or in all countries. We make no representations that the Platform are appropriate or available for use in any particular location. To the extent you choose to access the Platform, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We and our licensors, reserve the right to change, suspend, remove, or disable access to the Platform at any time without notice. In no event will we be liable for the removal or disabling of access to the Platform. We may also impose limits on the use of or access to the Platform, or portions thereof, in any case and without notice or liability.
You must be 13 or older, and have completed the registration process, to utilize the Platform. Upon online registration, you will receive a USER ID and password from NUKSHUK. Do not disclose your USER ID or password to anyone else. You are entirely responsible for any use of the Platform under your USER ID or password. You must immediately notify NUKSHUK of any unauthorized use of your USER ID or password or any breach of security that becomes known to you.
Information You Provide
You agree that all information you provide to us will be true, accurate, current, and complete. You represent and warrant that you have the legal right to provide it, and it does not violate any third party’s intellectual property or privacy rights. Any information you provide us, including feedback, responses to questions, comments, or suggestions, or the like regarding the App Content will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information. By uploading, sending, posting or otherwise providing any information or material, you grant NUKSHUK an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute it. You agree that NUKSHUK is free to use any ideas, concepts, know-how or techniques that you provide us for any purpose, including creating derivative works.
You agree that we may collect and use technical data and related information, including but not limited to, technical information about the device you use to access the Platform. We may also collect information about the system and application software you use as well as information about device peripherals you employ. And we may collect information about your activities on the Platform, like the duration and frequency of your usage sessions, information regarding application crashes and screens you chose to view, gestures (i.e., taps, swipes, pinches, etc.) you use on the application, whether you are a first-time or a returning user, links you clicked on while in the application, and your flow and navigation path through the application. This information is gathered periodically and facilitates the development of software updates, the provision of product support, and with the delivery of other services to you (if any) related to the Platform. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. More information on the collection and use of this information, as well as other information we may collect from you through the Platform can be found in our Privacy Policy (https://www.nukshuk.com/privacy-policy.html).
You further agree that any information you post to or in the Community Section of the app will be dedicated to the public. Such information shall not be considered confidential and NUKSHUK shall have no obligations whatsoever with respect to such information. NUKSHUK shall be free to use such information in any manner without restriction.
Third Party Sites and Information
Our Platform may have links to other websites or make reference to information, documents, software, materials and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication. You agree that NUKSHUK is not responsible or liable for any content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource.
If you link to our Site or NUKSHUK Sites, you agree, pursuant to these Terms, to remove and/or disable such link should we so demand.
Indemnification
You agree to defend, indemnify, and hold NUKSHUK and its affiliates, partners, agents and subsidiaries, harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Platform or the Content, or by your conduct that would constitute a breach of any of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Intellectual Property
The entire content of the Platform, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is owned controlled, or licensed by or to NUKSHUK. Your use of the Platform does not grant you any rights to any of the Content.
The Platform and its Content, except for those aspects in the public domain, is protected from unauthorized copying and dissemination by United States laws for copyright, trademark, trade dress, unfair competition, as well as international conventions and other intellectual property laws.
All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of NUKSHUK or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
NUKSHUK will grant you permission to use portions of the Platform, provided that you do not change or delete any proprietary notices from downloaded or printed materials; copy or post such information on any networked computer; broadcast it in any media; or make any representations or warranties relating to such documents or Content.
Other than this limited permission, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to any other computer, server, website, medium or commercial enterprise, any part of the Platform or any Content without our express prior written consent.
Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Sites or the Content except as permitted or consented by these Terms.
Digital Millennium Copyright Act Notice
NUKSHUK respects the intellectual property rights of others and users of the Platform are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.
If you believe our Platform (or any portion of them) infringe your copyright, please provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed
- A description of the copyrighted work that you believe has been infringed
- The location on the Platform of this allegedly infringing material
- Your address, telephone number and email address and any other pertinent information sufficient to allow NUKSHUK to contact you
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf
Notices of claimed copyright infringement should be directed to:
By mail:
Nukshuk LLC
10000 Marshall Drive Suite #31
Lenexa, KS 66215
USA
By email: legal@nukshuk.com
(Please include “notice of infringement” in the subject line.)
No Warranties
THE PLATFORM AND ITS CONTENT ARE FOR GENERAL INFORMATION AND ENTERTAINMENT PURPOSES ONLY, IS NOT INTENDED AS MEDICAL ADVICE AND PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE PLATFORM AND ITS CONTENT ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING SUCH ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED ON THE PLATFORM. RELIANCE ON ANY INFORMATION PROVIDED ON THE PLATFORM OR BY PERSONS APPEARING ON THE PLATFORM IS SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE PLATFORM WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE PLATFORM OR ITS CONTENTS.
WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE PLATFORM OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE PLATFORM OR ITS CONTENT.
The information on the Platform does not constitute the rendering of legal, accounting, tax or other such professional advice.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NUKSHUK, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, THE USE OF THE PLATFORM, CONSUMPTION OF CONTENT PROVIDED BY OR IN CONNECTION WITH THE PLATFORM OR INFORMATION CONTAINED WITHIN THE PLATFORM, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM. NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE PLATFORM, IF ANY, OR $500, WHICHEVER IS LESS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim by you is subject to the Limitation of Liability set forth above. Claims related to the terms, conditions and warranties of actual purchased goods and services are not subject to this limitation.
Governing Law and Jurisdiction
Our Platform is intended to be used by and directed to residents of the United States. All advertising claims or other information contained on our Platform are valid and applicable only in the United States.
These Terms of Use and the resolution of any dispute related to these Terms, the Platform, or the Content, will be governed by and construed according to the laws of Kansas without regard to its conflicts of laws principles. Any action to enforce these Terms or a matter or dispute arising out of the Platform or their Content will be held in and subject to the exclusive jurisdiction and venue of the federal and state courts located in Johnson or Wyandotte County, Kansas.
Failure by NUKSHUK to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right held by NUKSHUK.
If any of these Terms are deemed invalid, void, or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.
You may not assign or transfer your rights or obligations under the Terms, by operation of law or otherwise, without NUKSHUK’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. NUKSHUK may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
The Marks and other logos, product, and service names are trademarks and service marks owned by or licensed to NUKSHUK or its affiliates. You agree not to display or use the Marks in any manner without the prior written permission of NUKSHUK or its appropriate affiliates.
All other trademarks are the property of their respective owners.
Last modified: 02/07/2021