TERMS AND CONDITIONS
TERMS AND CONDITIONS Last Updated: 10/03/2023
ARTICLE 1: INTRODUCTION
Welcome to N2 IT Brand! These terms and conditions ("Terms") constitute a legally binding agreement ("Agreement") between you, whether personally or on behalf of an entity ("you," "your") and N2 IT Brand and outline the rules and regulations for the use of N2 IT Brand LLC's App/Website, located at www.N2it.org. By accessing this App/Website we assume you accept these terms and conditions. Do not continue to use N2 IT Brand if you do not agree to take all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this App/Website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of us.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. You may not use or access the Services unless, and by accessing the Services you represent and warrant that, you
(1) if an individual, are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this App/Website,
(2) have not at any time breached a contract with N2 IT BRAND,
(3) that you are the holder of the bank/credit card or bank account used for purchases on the Website, and
(4) accept and agree to be bound by these Terms.
The information provided on theApp/Websiteis not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
ARTICLE 2: ACCOUNT REGISTRATION AND USER OBLIGATIONS
2.1 Registration
Requirement Certain functionalities and features of the App/Website may necessitate the creation of a user account ("Account"). The User agrees to undergo the registration process as prompted by the App/Website's user interface.
2.2 Accuracy of Information
The User hereby warrants and represents that all information provided during the Account registration process, including but not limited to, name, email address, and any other identifying or pertinent information, shall be accurate, current, and complete.
2.3 Duty to Update
The User shall maintain and promptly update the information in their Account to keep it accurate, current, and complete at all times. Failure to do so may result in suspension or termination of the Account at the Company's sole discretion.
2.4 Validation Checks
N2 IT BRAND reserves the right to employ reasonable means, including automated systems and manual checks, to validate the accuracy, currency, and completeness of information provided by the User during the Account registration process.
The User consents to such validation checks and acknowledges that any misrepresentation may lead to the termination of their Account.
2.5 Age Verification and User Eligibility
Given the nature of our application, which is focused on nightlife activities including parties, clubs, bars, and events, it is imperative to ensure compliance with legal drinking age regulations. As such, all users must undergo identity and age verification during the signup and registration process. Only individuals who are 21 years of age or older are permitted to access the app. This measure is necessary to prevent underage users from engaging with venues that serve alcohol. By using our app, you agree to this mandatory age verification process. Thank you for your understanding and cooperation in maintaining a safe and compliant user environment.
ARTICLE 3: INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, N2 IT Brand LLC and/or its licensors own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with the App/Website and our Services. All source code, databases, functionality, software,App/Websitedesigns, audio, video, text, photographs, and graphics on the App/Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the App/Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms, You must not:
• Republish material from N2 IT Brand
• Sell, rent or sub-license material from N2 IT Brand
• Reproduce, duplicate or copy material from N2 IT Brand
• Redistribute content from N2 IT Brand Provided that you are eligible to use the App/Website, you are granted a limited, revocable, non-exclusive, and non-transferable license to access and use the App/Website in accordance with these Terms.
We reserve all rights not expressly granted to you in and to the App/Website, the Content and the Marks.
ARTICLE 4: USER REPRESENTATIONS
By using the App/Website, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms;
(4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the App/Website through automated or non-human means, whether through a bot, script or otherwise;
(6) you will not use the App/Website for any illegal or unauthorized purpose; and
(7) your use of the App/Website will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or otherwise breach any of the above representations or warranties, we have the right to suspend or terminate your account and refuse any and all current or future use of the App/Website (or any portion thereof).
ARTICLE 5: SUBMISSIONS, FEEDBACK, AND USER CONTENT
Parts of this App/Website offer an opportunity for users to post and exchange opinions and information in certain areas of the App/Website. N2 IT Brand LLC does not filter, edit, publish or review Comments prior to their presence on the App/Website. Comments do not reflect the views and opinions of N2 IT Brand LLC, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, N2 IT Brand LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this App/Website. N2 IT Brand LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
• You are entitled to post the Comments on our App/Website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant N2 IT Brand LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
ARTICLE 6: HYPERLINKING TO OUR CONTENT
6.1 The following organizations may link to our App/Website without prior written approval:
• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our App/Website in the same manner as they hyperlink to the Websites/Apps of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web App/Website.
6.2 These organizations may link to our home page, to publications or to other App/Website information so long as the link:
(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
(c) fits within the context of the linking party's App/Website. We may consider and approve other link requests from the following types of organizations:
• commonly-known consumer and/or business information sources;
• dot.com community App/Websites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.
We will approve link requests from these organizations if we decide that:
(a) the link would not make us look unfavorably to ourselves or to our accredited businesses;
(b) the organization does not have any negative records with us;
(c) the benefit to us from the visibility of the hyperlink compensates the absence of N2 IT Brand LLC; and
(d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link:
(a) is not in any way deceptive;
(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
(c) fits within the context of the linking party's App/Website.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our App/Website, you must inform us by sending an e-mail to N2 IT Brand LLC. Please include your name, your organization name, contact information as well as the URL of your App/Website, a list of any URLs from which you intend to link to our App/Website, and a list of the URLs on our App/Website to which you would like to link. Wait 2-3 weeks for a response. Approved organizations may hyperlink to our App/Website as follows:
• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our App/Website being linked to that makes sense within the context and format of content on the linking party's App/Website.
No use of N2 IT Brand LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.
6.3 iFrames Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our App/Website.
6.4 Content Liability We shall not be held responsible for any content that appears on your App/Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any App/Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
6.5 Reservation of Rights We reserve the right to request that you remove all links or any particular link to our App/Website. You approve to immediately remove all links to our App/Website upon request. We also reserve the right to amend these terms and conditions and it's linking policy at any time. By continuously linking to our App/Website, you agree to be bound to and follow these linking terms and conditions.
6.6 Removal of links from our App/Website If you find any link on our App/Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly. We do not ensure that the information on this App/Website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the App/Website remains available or that the material on the App/Website is kept up to date.
ARTICLE 7: TERM AND TERMINATION
7.1 These Terms shall remain in full force and effect while you use the App/Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF
THE App/Website (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY/BUSINESS PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE App/Website OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
7.2 If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.
ARTICLE 8: MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the App/Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our App/Website. We will not be liable to you or any third party for any modification, price change, services suspension, or discontinuance of the App/Website. We cannot guarantee the App/Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App/Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App/Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App/Website during any downtime or discontinuance of the App/Website. Nothing in these Terms will be construed to obligate us to maintain and support the App/Website or to supply any corrections, updates, or releases in connection therewith.
ARTICLE 9: Governing Law
9.1 These Terms and your use of the App/Website are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles.
ARTICLE 10: Dispute Resolution
10.1 Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
10.2 Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Arbitration Rules of United States. Your arbitration fees and your share of arbitrator compensation shall be governed by the Consumer Rules and, where appropriate, limited by the Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online by a single arbitrator appointed in accordance with the then-current rules. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
10.3 Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
10.4 Corrections There may be information on the App/Website that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App/Website at any time, without prior notice.
ARTICLE 11: DISCLAIMER
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our App/Website and the use of this App/Website. Nothing in this disclaimer will:
• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. As long as the App/Website and the information and services on the App/Website are provided free of charge, we will not be liable for any loss or damage of any nature.
ARTICLE 12: LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE App/Website, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU AND OR YOUR BUSINESS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, N2 IT BRAND LLC’S LIABILITY OF THE WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
ARTICLE 13: INDEMNIFICATION
You agree to defend, indemnify, and hold harmless N2 IT BRAND LLC., including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, (including reasonable attorneys’ fees and expenses), made by any third party due to, arising out of, or in connection with:
(1) your use of the App/Website;
(2) your breach of these Terms;
(3) any breach of your representations and warranties set forth in these Terms;
(4) your violation of the rights of a third party, including but not limited to intellectual property rights;
(5) any malfunction, damage or disruption to any network channel, or
(6) any harmful act toward any other user and/or business of the App/Website with whom you connected via the App/Website.
Not with standing the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
ARTICLE 14: CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
ARTICLE 15: MISCELLANEOUS
These Terms and any policies or operating rules posted by us on the App/Website or in respect to the App/Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the App/Website. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. Contact Us In order to resolve a complaint regarding the App/Website or to receive further information regarding use of the App/Website, please email us at Admin@n2it.org. We will strive to review and respond to all requests within five (5) business days.
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