Last updated: 04/15/2014
WELLCOME TO NOMADERS. WE BELIEVE THAT PLACES ARE MADE BY PEOPLE AND THE MOST VALUABLE EXPERINCES YOU CAN GET WHEN VISITING A NEW PLACE ARE THE CONNECTIONS WITH DAILY LIVES OF LOCALS.
We reserve the right to make changes or modifications to these Terms, or any policy or guideline of our Services, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on our Services, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of our Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Accordingly, you should frequently review these Terms and applicable policies and guidelines to understand the terms and conditions that apply to your use of the Services.
Please Contact Us with any questions regarding these Terms. You can contact us by mail at 541 Jefferson Avenue, suite 100, Redwood City, California 94063.
1. ELIGIBILITY, REGISTRATION AND ACCOUNT
You must be at least 18 years old to access or use the Services. By registering to use our Services, you represent that you are at least 18 years old.
In order to access certain areas and features of our Services, you will need to register for an account. You agree to (a) create a unique password; (b) provide accurate, truthful, current and complete information when creating an account; (c) maintain and promptly update your account information upon any changes; (d) maintain the security of your account by protecting your password and restricting access to your account; (e) promptly notify Nomaders if you discover or otherwise suspect any security breaches related to the Services; and (f) take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access.
2. ACCOUNT SECURITY
Our community is built on trust. As Nomaders relies on the strength and openness of its community, you are asked to provide your real name when registering. Only your first name will be visible on the Site. Here are some the commitments you're making when you register for Nomaders:
- You will not provide any false personal information.
- You will not use your personal profile for personal profit, such as by selling space on your profile page to an advertiser.
- You will not use Nomaders if you are a convicted sex offender or felon, in any country.
- You will keep your contact information accurate and up to date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone without our express permission.
- If you select a username for your account that we determine to be inappropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name), we reserve the right to remove or reclaim it.
4. INTERACTIONS WITH OTHER MEMBERS
You Have Sole Responsibility When Interacting with Other Members. Our Services provide a platform for members to learn about one another people, connect with like-minded people, arrange meetings and,engage in activities and communicate with one another. Nomaders is not a party to, has no involvement, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. You are solely responsible for your interactions with other members of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other members of our Services.
NOMADERS encourage our members to use good judgment and keep safety in mind when you use our Services.
Identity Verification. We cannot and do not confirm each member’s identity. Although we provide tools intended to assist with identity verification, such as other social profiles, you are solely responsible for determining the identity and suitability of others with whom you may interact through our Services. Nomaders does not represent or warrant that our tools are sufficient to determine whether it is appropriate for you to interact with another member. Further, we do not endorse any persons who use or register for our Services. We do not investigate or verify any member’s reputation, conduct, morality, criminal background, or any information members may submit to the Services.
Donations. You may elect to make a voluntary donation (“Donation”) for the experience with a Local Hero has provided to You. The decision whether to make a Donation and the amount of the Donation is at Your sole discretion, and the Local Hero will not receive any compensation or consideration for meeting You other than the amount (if any) of this voluntary Donation.
As a Local Hero, You may receive from a Nomader or Traveler a Donation when your encounter come to an end. Each Local Hero acknowledges that the decision to provide such Donation or Tip and the amount of the Donation is at the Nomader/Traveler sole discretion, and that the Local Hero will not request from Nomaders/Travelers or receive any compensation or consideration for meeting them and showing around other than the amount (if any) of the Donation. A Donation may be any amount from $0 up, as specified by the Nomader. IT IS THE TRAVELER’S SOLE RESPONSIBILITY, AND NOT THE RESPONSIBILITY OF NOMADERS, TO DECIDE WHETHER AND HOW MUCH TO DONATE TO THE LOCAL HERO. HOWEVER NOMADERS WILL ALWAYS RECOMEND A FAIR AMOUNT.
Administrative Fee. Nomaders receives an administrative fee of up to 30% (the “Administrative Fee”) of each Donation of more than $0 that a Travelers makes to a Local Hero, net of the $1 per ride trust & safety fee (the “Trust & Safety Fee”). For the sake of clarity, the Administrative Fee is assessed on a Donation or Charge, as applicable, after the assessment of the Trust & Safety Fee.
Refunds. The full amount of the Donation or Charge, as applicable (including the Administrative Fee), is charged immediately following completion of such election to the Rider’s authorized credit card and transferred (less the Administrative Fee) to such Driver’s account. All payments made are non-refundable.
Facilitation of Payments. All Donations or Charges, as applicable, shall be facilitated through PayPal, Inc., Nomaders’ third-party payment processing service.
5. SAFETY IN PERSON
The core benefit of Nomaders is that you can use the service to connect with like-minded people, who you can then either meet, or only ask for advice and recommendations. Because we have no control over what happens off the Site, we cannot guarantee the safety of members and are not responsible for any damage or harm resulting from your interactions with other members. We will do our best to help mediate disputes and other issues that may arise, though we reserve the right to remain uninvolved. Should we determine that you are responsible for violating any of these safety terms or any part of this Statement, we reserve the right, but have no obligation, to monitor interactions between you and other members and to take any other action in good faith to protect the security of the community and individual members.
Release. Because our Services are merely a platform, in the event that you have a dispute with one or more members, you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
The Services include interactive areas where you or other members can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics or other items or materials on the Services (collectively, “Member Content” ). You are solely responsible for your use of such interactive areas and agree that your use of these areas is at your own risk.
6.1 Member Content Restrictions. You are solely responsible for any Member Content that you submit, post or transmit via our Services. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services, Member Content that we believe, in our sole discretion:
(a) is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national or international law;
(b) contains nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, suggestive or sexually exploitative of minors;
(c) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
(d) depicts the use of illicit drugs;
(e) contains offensive language or images or is otherwise objectionable;
(f) incites violence or characterizes violence as acceptable, glamorous or desirable;
(g) contains unsolicited promotions, political campaigning, advertising or solicitations, without our prior written consent;
(h) contains private or personal information about another person, unless such person has agreed to the disclosure of this information;
(i) contains viruses, corrupted data or other harmful, disruptive or destructive file viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(j) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting Member Content, you represent and warrant that you have the lawful right to distribute and reproduce such Member Content; or
(k) would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party.
NOMADERS is not responsible for any Member Content that you or other members post, transmit or store through the Services. We have no obligation to post Member Content from you or anyone else and we may, in our sole discretion, edit, remove or delete any Member Content without notice. Enforcement of these Terms, however, is solely in our discretion and the absence of enforcement in some instances does not waive of our right to enforce the Terms in other instances. In addition, these Terms do not create a private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
6.2. Member Content License. You own all of the Member Content that you post to our Services. If you post Member Content to our Services, you hereby grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free and fully sublicensable license to use, reproduce, display, perform, adapt, modify, create derivative works from, distribute, have distributed and promote such Member Content in any form, in all media now known or hereinafter created (including in emails or other communications to our members) to administer, operate, develop and otherwise provide the Nomaders Services. You represent and warrant that (a) you own and control all of the rights to the Member Content that you post or you otherwise have the right to post such Member Content to the Services; (b) the Member Content is accurate and not misleading; and (c) the use and posting of the Member Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
7. PROPRIETARY RIGHTS
All material on our Site is protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. You may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material without our express permission or public authorization. You will not use our copyrights or trandmarks (such as the Nomaders logo) without our prior consent. Notwithstanding the foregoing, you are welcome to use such material in the course of your normal, personal, non-commercial use of our Site.
We may, in our discretion and without liability to you, with or without cause (such cause may include your breach of these Terms), with or without prior notice and at any time: (a) terminate your access to our Services, (b) deactivate or delete your account and all related information and files in such account and/or (c) bar your access to any of such files or Services. In any of these instances, you are not permitted to register for another Nomaders account without our prior written permission.
In rare circumstances, when we feel it is necessary to protect the safety or the well being of the Nomaders community, we will remove a member’s account from our Services. We don’t take this decision lightly, but it is sometimes required.
9. THIRD-PARTY CONTENT
In using our Services, you may be exposed to content from other members or third parties ( “Third-Party Content” ), either on our Services or through links to third-party websites. We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate, and bear all risks associated with, Third-Party Content, including without limitation, profiles of other members of our Services.
10. DISCONTINUANCE OF SERVICES
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Nomaders exclusively in a state or federal court located in San Mateo County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in San Mateo County, California for the purpose of litigating all such claims. If anyone brings a claim against us related to your actions, content or information on Nomaders, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
12. LEGAL COMPLIANCE
You shall use the Site in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export-control laws. You hereby represent and warrant to us that you are not (a) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services, (b) identified as a "Specially Designated National", or (c) placed on the Commerce Department's Denied Persons List. Without limiting the foregoing, you are solely responsible for determining whether you have complied with travel restrictions to and from certain countries, including travel to and from countries other than the U.S.
You agree that you are restricted from using the Site if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not allowed to provide the types of personal information that we require, or if you are prohibited from participating in certain Internet activity). If you decide to use the Site, you warrant to us that by such use you will not violate, or cause us to violate, the laws of your country.
IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13.1 WE DO NOT WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
13.2 IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
13.3 NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. LIMITS ON LIABILITY
WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR OR ANYONE ELSE'S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU THROUGH THE SITE, WHETHER ON-LINE OR OFF-LINE; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.
14.1 WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.
14.2 IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO WITH THE SITE OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED US DOLLARS ($100).
14.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
14.4 NOMADERS IS A VENUE THAT ENABLES USERS TO LEARN ABOUT AND ARRANGE MEETINGS WITH LOCAL HEROES: WE DO NOT DIRECTLY INTRODUCE MEMBERS NOR ARE WE INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS ON-LINE OR OFF-LINE. WE ARE NOT RESPONSIBLE FOR ANY ACTS THAT RESULT IN, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM ON-LINE COMMUNICATIONS OR OFF-LINE MEETINGS WITH OTHER REGISTERED MEMBERS OF THE SITE.
You shall defend, indemnify and hold harmless us (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to your use of our Site or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
16. REPORTING MISCONDUCT
If you meet, host with another member who you feel is acting inappropriately due to and including but not limited to offensive, violent, risky, illegal or sexually inappropriate behavior, who steals from you, invades your personal space and privacy or engages in similarly illegal, illicit or disturbing behavior, you must immediately report the member to the appropriate authorities and to us.. While we are in no way responsible for the behavior of the other member nor obligated to take any action that may cause us to incur any liability, we will do our best to assist you in resolving the situation.
If you have any questions about these Terms, please contact NOMADERS at email@example.com.
Our address is:
541 Jefferson Ave., Suite 100
Redwood City, CA 94063