Terms & Conditions
Effective Date: September 11, 2022
Site Covered: https://nazzarolaw.com
THE AGREEMENT: The use of this website and services on this website provided by Nazzaro PLLC (hereinafter referred to as "Nazzaro") are subject to the following Terms & Conditions (hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").
The parties referred to in this Agreement shall be defined as follows:
a) Nazzaro, Company, Us, We: Nazzaro, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. Nazzaro PLLC, Nazzaro, Us, We, Our, Ours and other first-person pronouns will refer to Nazzaro, as well as all employees and affiliates of Nazzaro.
b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
c) Parties: Collectively, the parties to this Agreement (Nazzaro and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
3) LICENSE TO USE WEBSITE
Nazzaro may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by Nazzaro, and other materials which may assist in Your use of the Website or Services ("Materials"). Subject to this Agreement, Nazzaro grants You a non-exclusive, limited, non-transferable and revocable license to use Materials solely in connection with Your use of the Website and Services. Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by Nazzaro are the property of Nazzaro, including all copyrights, trademarks, trade secrets, and other intellectual property ("Nazzaro IP"). You agree that Nazzaro owns all right, title and interest in and to Nazzaro IP and that You will not use Nazzaro IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Nazzaro IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from Nazzaro.
5) ACCESS TO MATERIALS AND TERMINATION OF ACCESS
In order to access certain Materials and to make use of the personalization features of the Website, you may be required to register with a user name and a password of your choice. If you register, you may be asked for your name, e-mail address, company name, work address, phone number, education and professional experience and/or other identifying and personal information ("Personal Information”). The Personal Information is linked directly to your registered user name and password chosen by the user and can only be retrieved by supplying the correct email address and password that is linked to that account. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damages of any kind that may arise as a result of you or someone else using your password or account, either with or without your knowledge.
You acknowledge and agree that We may terminate your access privileges and remove and discard any Services without notice to you for any reason, including without limitation, if (i) We believe that you have violated any provision of this Agreement, and/or (ii) you have otherwise acted or failed to act in any manner that We deem objectionable. You agree that any termination of your access to the Site shall not result in any liability or other obligation of Us to you or any third party in connection with such termination.
6) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of Nazzaro.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of Nazzaro or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
Nazzaro may sell goods or services or allow third parties to sell goods or services on the Website. Nazzaro undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, Nazzaro does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk. Goods and services purchased as part of the Propeller Club are purchased pursuant to the Membership Agreement.
If You are unhappy with a service being sold on Our Website, You may request a refund. If downloadable materials are purchased and registered as downloaded, no refunds shall be issued.
9) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
10) DATA LOSS
Nazzaro does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
You agree to defend and indemnify Nazzaro and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that Nazzaro shall be able to select its own legal counsel and may participate in its own defense, if Nazzaro wishes.
12) SPAM POLICY
You are strictly prohibited from using the Website or any of Nazzaro's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
13) THIRD-PARTY LINKS & CONTENT
Nazzaro may occasionally post links to third party websites or other services. You agree that Nazzaro is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to from Our Website. These links are provided for convenience only and does not reflect an endorsement by Us and We are not responsible for the content associated with the linked site. We make no representation or warranties with respect to the linked site and you use of such sites is solely at your own risk.
14) MODIFICATION & VARIATION
Nazzaro may, from time to time and at any time without notice to You, modify this Agreement. You agree that Nazzaro has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
15) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
16) SERVICE INTERRUPTIONS
Nazzaro may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that Nazzaro shall have no liability for any damage or loss caused as a result of such downtime.
17) TERM, TERMINATION & SUSPENSION
Nazzaro may terminate this Agreement with You at any time for any reason, with or without cause. Nazzaro specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of Nazzaro or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
18) NO WARRANTIES AND LIMITED LIABILITY
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. Nazzaro hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. Nazzaro makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. Nazzaro also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that Nazzaro is not liable for any such damage or loss. You expressly agree that We shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss, or other losses, even if We had been advised of the possibility of such damages, resulting from: the use or inability or use the site, the cost of procurement of any substitute products and/or services resulting from ay products, data, information, or services obtained or which you were unable to obtain or transactions effected or transactions effected or failed to be effected, any link provided in connection with the Site, or any matter otherwise related to your use of the Site.
19) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of Washington shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and Nazzaro, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: King County, Washington. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine. The Parties, in agreement with this Agreement, waive any rights they may have to a jury trial. In the event that any legal or administrative proceeding is brought by a party under this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing party.
c) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Nazzaro, the rights and liabilities of Nazzaro will bind and inure to any assignees, administrators, successors, and executors.
d) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
e) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
f) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
g) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
h) FORCE MAJEURE: Nazzaro is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
i) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: [email protected].