PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY. BY ACCESSING, BROWSING OR USING NUDGE IT WEBSITE, AVAILABLE AT WWW.NUDGE-IT.EU OR ANY WEBSITE WITH LINKS TO THIS AGREEMENT (THE “WEBSITE”) IN ANY WAY USING THE WEBSITE YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS, IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU MAY NOT ACCESS OR USE THIS WEBSITE.
These terms limit the remedies that may be available to you in the event of a dispute.
1. USE AND OWNERSHIP OF NUDGE-IT.EU PROPERTIES
1.1. The Website and the content and information available on the Website (“NUDGE IT PROPERTIES”,) are owned by us and our licensors and suppliers and are protected by copyright laws throughout the world. Subject to the Terms, Nudge IT grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to reproduce portions of Nudge IT Properties for the sole purpose of using the Website for your personal purposes. You may publish online (through social media channels) the headline of Nudge IT article and a link to the article, you must indicate Nudge IT as the original source.
1.2. You must not edit, reproduce, transmit or lend the Nudge IT Properties or make it available to any third parties or use it to perform any other acts which extend beyond the scope of the license provided in this Section.
1.3. Nudge IT’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with Nudge IT Properties are the trademarks of Nudge IT and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Nudge IT Properties are the property of their respective owners.
1.4. You are prohibited from selling, offering for sale, sharing, renting out or lending Nudge IT Properties, or copies of Nudge IT Properties unless otherwise provided in this Section.
2. VALIDITY AND CHANGES
2.1. Please note that the Terms and any other applicable terms and conditions or policies are subject to change by Nudge IT in its sole discretion at any time. Nudge IT reserves the right to modify and update the terms from time to time and such changes shall be effective immediately upon posting to the website.
2.2. You understand and agree that any continued use and access to the Website after any posted updates of the Terms, means that you voluntary agree to be bound by these Terms. If you do not agree to be bound by the updated Terms, you should not use (or continue to use) the Website..
3. RESPONSIBILITY FOR CONTENT
3.1. Nudge IT only provides its opinion about different products, diet plans (or apps), any kind of health and wellness products or apps. Nudge IT is not responsible for any of the reviewed apps, products, plans or services, their content. Before making any decision to try any of the apps, products, plans or services you should make your own evaluation and decision.
3.2. To the extent permitted by applicable law, Nudge IT does not accept any responsibility for any statement in the Nudge IT content. Nudge IT gives no warranties of any kind concerning Nudge IT website or content.
3.3. You acknowledge that all Content you submit or upload, is the sole responsibility of yours. This means that you, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“MAKE AVAILABLE”) through Nudge IT (“YOUR CONTENT”). By uploading, transmitting or submitting Your Content, you affirm, represent and warrant that such Content and its uploading, transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions or other third‑party rights, and that you have permission from any third party whose personal information or intellectual property is comprised or embodied in Your Content; and (c) free of viruses, adware, spyware, worms or other malicious code.
4. INTERACTIONS WITH OTHER USERS
4.1. You are solely responsible for your interactions (e.g., commenting) with other users of the NUDGE IT website and any other parties with whom you interact through the NUDGE IT website; provided, however, that Nudge IT reserves the right, but has no obligation, to intercede in such disputes. You agree that Nudge IT will not be responsible for any liability incurred as the result of such interactions.
5. FEEDBACK
5.1. You agree that submission of any ideas, suggestions, documents, and/or proposals to Nudge IT (“FEEDBACK”) is at your own risk and that Nudge IT has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Nudge IT a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, in connection with the operation and maintenance of Nudge IT Properties.
6. PRIVACY
6.1. The processing of your personal data is governed by the Privacy Policy. It is recommended for you to print and keep a copy of the Privacy Policy together with these Terms.
7. MEDICAL DISCLAIMER
7.1. All content contained on or available through the Nudge IT website, including text, graphics, images, and information, is for general information purposes only and should not be relied on for medical or personal advice. The information on our website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Never disregard professional medical advice or delay seeking medical treatment because of something you have read on the Nudge IT website.
7.2. Medical information and research are constantly evolving. Nudge IT makes no representation and assumes no responsibility for the accuracy of the information contained on or available through this website, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this website with other sources and to review all information regarding any medical condition or treatment with your physician.
7.3. Nudge IT does not make any representations about the efficacy, appropriateness, or suitability of any specific tests, diets, products, procedures, treatments, services, testimonials, opinions, health care providers, or other information that may be contained on or available through this website. Nudge IT is not responsible nor liable for any advice, course of treatment, diagnosis, or any other information or products that you obtain through this website.
7.4. You should not disregard medical advice or delay visiting a medical professional because of something you read on the Nudge IT website or on other communication channels.
8. INDEMFICATION
8.1. You will indemnify and hold Heath Reporter, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of your breach of this Agreement or use of the website, or your violation of any law or the rights of a third party in conjunction with your breach of these Terms or use of the website.
9. DISCLAIMER OF WARRANTIES
9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF NUDGE IT PROPERTIES IS AT YOUR SOLE RISK, AND NUDGE IT PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NUDGE IT PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) NUDGE IT PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF NUDGE IT PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) ANY ERRORS IN NUDGE IT PROPERTIES WILL BE CORRECTED. NUDGE IT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY
10.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ANY NUDGE IT PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH NUDGE IT PROPERTIES OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT NUDGE IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE NUDGE IT PROPERTIES OR (2) ANY OTHER MATTER RELATED TO NUDGE IT PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO NUDGE IT PROPERTIES SHALL IN NO EVENT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) UNLESS APPLICABLE LAWS PROVIDE OTHERWISE. YOU AND NUDGE IT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, NUDGE IT PROPERTIES OR ANY CONTENT POSTED ON NUDGE IT PROPERTIES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
10.2. You acknowledge that Nudge IT website may contain links to other websites and/or apps. Nudge IT is not responsible for such website and/or apps and their content. Nudge IT is not responsible for redirecting links. Nudge IT strongly encourages you to read Terms and Conditions and Privacy Policy of such website and/or apps.
11. GENERAL PROVISIONS
11.1. GOVERNING LAW. These terms are governed by the laws of the USA without regard to its principles of conflicts of law, and regardless of your location. If you believe that your rights were violated you may submit a complaint with regulatory authorities.
11.2 ELECTRONIC COMMUNICATIONS. The communications between you and Nudge IT use electronic means, whether you visit Nudge IT Properties or send Nudge IT e-mails, or whether Nudge IT posts notices on Nudge IT Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Nudge IT in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Nudge IT provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. You may request a copy of this Agreement or any other contractual document by contacting [email protected]. Also, you The Client may contact us at any time by sending a message to [email protected].
11.3 ASSIGNMENT. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Nudge-it.eu’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
11.4 FORCE MAJEURE. Nudge-it.eu shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
11.5 COMPLIANCE. If you believe that Nudge-it.eu has not adhered to the Terms, please contact NUDGE IT by emailing us at [email protected]. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
11.6. WAIVER. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
11.7. SEVERABILITY. If any part of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
11.8. ENTIRE AGREEMENT. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof.
12. AFFILIATE ADVERTISING DISCLOSURE
This website may contain various advertising and sponsored materials and affiliate links. In case you want to advertise through this website, you shall submit your request here: LINK
One of the ways this website receives funds to continue operation is by displaying affiliate links that lead you to other websites. Our website may receive monetary compensation once you click on them or make a purchase on those advertised websites. As you click on the affiliate link, we will know that the link was clicked on our website. In any case, if you choose to purchase something through the affiliate links, please carefully read their offers and terms before making any purchase. The owner of this website (us) takes no responsibility for the content of such links and materials; this is the sole responsibility of each advertiser and/or sponsor. In case such content contains any illegal or inaccurate material, all claims should be addressed to the advertisers or sponsors directly; in all cases, they shall be held responsible.
BY USING OR ACCESSING THE WEBSITE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTOOD IT, AND AGREE TO BE BOUND BY IT.