|Terms and Conditions of Use
Effective Date: April 1, 2010
Welcome to the Nutto, LLC web site ("Web Site"). This Web Site is offered as a service to our customers. Nutto, LLC, its subsidiaries and affiliates (collectively, "Nutto") appreciate your interest in Nutto and this Web Site. The following terms and conditions of use (“TOU”) set forth the basic rules that govern your use of this Web Site. PLEASE READ THE TOU CAREFULLY BEFORE USING THIS WEB SITE. THESE TOU GOVERN YOUR USE OF THIS WEB SITE, AND IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU SHOULD NOT USE THIS WEB SITE.
Your use of this Web Site constitutes your knowledge, understanding, and acceptance of the TOU, and your agreement to be bound by the TOU. Nutto may change, edit, modify, delete, revise, or update the TOU from time to time without notice, and your use of this Web Site after any changes, edits, modifications, deletions, revisions, or updates are posted to this Web Site constitutes your agreement to comply with the posted TOU. By using this Web Site, you represent and warrant that you are at least the age of majority in your state, territory, province, or country residence. If you are not the age of majority in your state, territory, province, or country of residence, you do not have permission to use this Web Site.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Web Site are the registered and/or unregistered Trademarks of Nutto, or such third party licensors that may own the displayed Trademarks. Nothing contained on this Web Site or in the TOU serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Web Site without the written permission of Nutto or such third party licensors that may own the displayed Trademarks.
3. Web Site Contents and Copyright
The text, Trademarks, logos, images, graphics, photos, digital video and audio files, application functionality, or any other digital media, and their arrangement on this Web Site (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to and use of this Web Site are allowed solely for your purchase of Nutto products and services, information, education, entertainment, and communication with Nutto. You may download, copy or print the Content of this Web Site for your non-commercial limited use only. No right, title, or interest in any of the Content of this Web Site is transferred to you as a result of any downloading, copying, printing or use of this Web Site.
4. User Comments and Other Submissions
While Nutto desires to receive feedback from its customers, please do not send Nutto any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like (“Unsolicited Submission(s)”). Nutto is under no obligation to use or compensate you for your Unsolicited Submissions. Nutto will not respond to you regarding your Unsolicited Submissions, and your Unsolicited Submissions will not be returned to you and will not be treated as confidential information.
5. License to Use Submissions
This Web Site may provide you with the opportunity to submit user-generated or third-party submissions (“Submissions”). By submitting items to this Web Site, you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity to the Unsolicited Submissions or Submissions that you submit. If your Unsolicited Submissions or Submission contains photographs or digital or video images that depict a child that is under the age of majority in their state, territory, province, or country of residence, you represent that you have written permission from the child's parent or guardian to provide the photo, digital, or video image. If you make a Unsolicited Submissions or Submission to this Web Site, you automatically grant Nutto a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free license for Nutto to use that Unsolicited Submissions or Submission for any lawful purpose whatsoever, including, without limitation, the right to sublicense that Unsolicited Submissions or Submission to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Unsolicited Submissions or Submission.
6. No Endorsement or Liability for User-Generated or Third-Party Content
Although third-party or user-generated Unsolicited Submissions or Submissions may be posted on this Web Site, the posting of those Unsolicited Submissions or Submissions does not constitute Nutto’s endorsement of those Unsolicited Submissions or Submissions. Nutto is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party or user-generated Unsolicited Submissions or Submissions.
7. Third-Party Links
To the extent that this Web Site may allow third-party links, those links may direct you to third-party websites that are not affiliated with Nutto. Nutto is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products”) made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
8. Copyrights and Digital Millennium Copyright Agents
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Web Site. Our copyright agent is Nutto’s Secretary. Our copyright agent can be reached at email@example.com, or via U.S. Mail at: 3501 N. Southport Avenue #438, Chicago, Illinois 60657-1475.
9. DMCA Infringement Notification
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
6. The following statement: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. Nutto will remove or disable access to the content that is alleged to be infringing;
2. Nutto will forward the written notification to the alleged infringer; and
3. Nutto will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Nutto, the alleged infringer will have the opportunity to respond to Nutto with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Nutto’s designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Nutto may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
10. Prohibited Uses
In addition to other prohibitions as set forth in the TOU, you are prohibited from using this Web Site or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Web Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Web Site, other websites, or the Internet. We reserve the right to terminate your use of this Web Site for violating any of the prohibited uses.
11. Registration, Accounts and Passwords
You are responsible for the personal protection and security of any password or username that you may use to access this Web Site, if any. You are responsible for all direct or indirect damages and liable for all activity conducted on this Web Site that can be linked or traced back to any prohibited uses of this Web Site conducted under your username or password. You are obligated to immediately report a lost or stolen password or username to Nutto.
12. Web Sites Updates
Nutto undertakes no obligation to update, amend or clarify information on this Web Site, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Web Site should be taken to indicate that all information on the Web Sites has been modified or updated. Please remember when reviewing information on this Web Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Web Site to become inaccurate or incomplete.
On occasion, information on this Web Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Nutto reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Web Sites is inaccurate (including after you have submitted your order).
13. Service and Pricing Information
Prices posted, if any, on the Web Sites are for informational purposes only, and Nutto reserves the right to change prices or fees for services any time prior to an actual purchase. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of services are subject to change at any time without notice at the sole discretion of Nutto. Nutto reserves the right to discontinue any products or services at any time. Any offer for any promotion or service made on this Web Site is void where prohibited.
This Web Site, Content, product information, and any products and services sold through the Web Sites are intended to comply with U.S. laws and regulations. If you are a non-U.S. user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those established in the U.S.
14. Limitations on Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT NUTTO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF NUTTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL NUTTO’S TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED FIFTY ($50) DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. NUTTO’S AND ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE CONTENT PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” NUTTO MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS WEB SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR ITS USE OR NON-USE, AND NUTTO MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS WEB SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO NUTTO EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, NUTTO DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
NUTTO RESERVES THE RIGHT TO ALTER OR REMOVE WEB SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND NUTTO WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
YOU AGREE TO INDEMNIFY AND HOLD NUTTO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSE, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEB SITE OR BREACH OF THESE TOU.
ALL USERS OF THIS WEB SITE ACKNOWLEDGE AND AGREE THAT NUTTO AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE WEB SITES, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. NUTTO RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF THIS WEB SITE.
Nutto may terminate the TOU at any time and may do so immediately without notice and, accordingly refuse or terminate your access to the Web Sites, if, in Nutto's sole discretion, you fail to comply with any term or condition of the TOU.
19. Choice of Law and Forum
These TOU will be governed and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law rules. For all disputes arising out of or relating to this Web Site or TOU, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Chicago, Illinois.
20. Notice and Consent to Electronic Communications
When you visit this Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing.
21. Privacy Statement
22. No other Agreements
The provisions and conditions of the TOU constitute the entire agreement between you and Nutto related to the use of the Web Sites and supersedes any prior agreements or understandings not incorporated in the TOU. The TOU are effective as of the Effective Date. Continued use of the Web Sites by you after the Effective Date constitutes your acceptance of the TOU after the Effective Date.
Should you have any questions concerning the TOU, or if you desire to contact Nutto for any reason, please contact us at firstname.lastname@example.org.
1. Personal Information Collection
Nutto may collect personal information like name, telephone number, email address, date of birth, home or business mailing address and other personal information when you access certain areas of the Web Site that require registration for certain products and services, or if you require more information about those services. If you decide to purchase our products or services, we may need to collect certain additional information, like your credit or debit card number and expiration date.
At other times, Nutto may collect information that cannot be used to identify you. For example, we may aggregate non-personal information about you and other customers or patrons who visit our Web Site. Aggregated information will not contain any information that can be linked directly back to you.
2. How Nutto Collects Personal Information
Nutto may also collect additional information from your web browser each time you visit our Web Site. We may collect information on the pages that you visit, the promotions or advertisements that you click on, and other actions that you take while using our Web Site. This information may include your Internet Protocol (“IP”) address, the type of browser, the time that your browser was used to access our Web Site, and the referring website address.
Our Internet Service Providers (defined below) may also use other standard web-based technologies to analyze your movements while accessing our Web Site. The technologies include web “beacons,” “pixel tags,” and “clear gifs.” These technologies help us ascertain the effectiveness of our product and service campaigns and marketing programs, allow us to customize the services offered on or through our Web Site, and help determine the best use for Web Site content, and product and service offerings. Some of this information, including the IP address, may be stored on our Internet service provider’s server logs, and may be available for extended periods of time.
3. Our Use and Disclosure of Your Personal Information
Nutto uses the services of independent companies to provide certain services to you, including, without limitation, website hosting services, credit card processing, and guest surveys (“Internet Service Providers”). Nutto may share your personal information with the Internet Service Providers as appropriate. We do not share personally identifiable information with non-affiliated outside third parties without your consent, except to the extent necessary to complete your request for services offered through this Web Site.
Nutto may use your personal information to contact you via mail, email, or telephone in order to give you updates about Nutto’s special events, new products and services, or other promotions that may be of interest to you. If you are a sponsored business or organization, we may also share your personal information with our event organizers. We also use return e-mail addresses to answer the e-mail we receive from you. Your e-mail address will not be used for any other purpose or shared with non-affiliated outside third parties for their direct marketing purposes, without your consent. We may also use your IP address to help protect Nutto and our Internet Service Providers from fraud.
Additional uses of your non-personal and personal information will allow us to tailor products and services specific to your needs, to help organize and manage your customer relationship and our business, to conduct business, to provide you with customer and patron support, to perform functions that are described to you at the time of collection, and to enforce our Web Site’s Terms and Conditions of Use.
We may also use non-personal aggregate information to improve our Web Site. For example, our Internet Service Providers may report to us that there were a particular number of visitors to a certain area of our Web Site, or that a certain number of men or a certain number of women completed our registration form in particular areas of our Web Site. Such information may also be used to analyze the effectiveness of our business and advertising models.
If you submit a resume or seek to fulfill other staffing requirements, we will use that information solely in connection with your application for current or future staffing requirements, and we may also share your resume or application information with our business partners or affiliates that have staffing requirements that you may be qualified for.
Nutto may also disclose your personal information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agency; (c) establish or exercise our legal rights; (d) protect the property or safety of our company and employees, contractors, vendors, and suppliers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law. We may disclose your information in connection with the sale or merger of Nutto or any transaction that involves the sale or assignment of some or all of our assets.
4. Data Storage and Security
Nutto makes reasonable efforts to ensure that our Internet Service Providers have implemented physical, electronic, and procedural security measures to assist with safeguarding your personal information, and to help protect against unauthorized access and disclosure. Only our authorized personnel and our Internet Service Providers who perform legitimate business functions for Nutto are authorized to access your personal information.
Notwithstanding our efforts, the Internet has inherent security risks. Nutto cannot promise, and you should not expect, that your personal information, personal searches, and other communications will always remain secure. You should take care with regard to how you handle and disclose your personal information or any username or password that you are required to use to access services on this Web Site.
5. Children and Data Collection
Nutto’s Web Site is a general information website. Nutto’s content is neither directed toward minors, or anyone under the age of majority in an individual’s state of residence. We do not knowingly collect personal information from minors, or any one under the age of majority. If Nutto or its Internet Service Providers become aware that a minor or individual under the age of majority has provided us with personal information, that information will be deleted from our databases.
6. Your California Privacy Rights
Nutto will not share any personal information about you with outside third-parties for their direct marketing purposes to the extent prohibited by California law, unless you agree otherwise as authorized by your prior written consent.
California residents have the right to request information from Nutto regarding the manner that we may share personal information with affiliated companies and third parties for their direct marketing purposes. To find out what and how we share such information, you may send us an e-mail request at email@example.com or mail a request to: Privacy Officer, Nutto, LLC 3501 N. Southport Avenue #438, Chicago, Illinois 60657-1475, and receive the following information:
A. The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year, if any;
B. The names and addresses of the third parties who received information for their direct marketing purposes; and
C. Examples of the products and services subject to the third-parties’ direct marketing programs, if the nature of the third parties’ business cannot be determined from their names.
7. How You May Access and Change the Information that Nutto Collects
The first time that you provide us with registration information through our Web Site, you may be offered the opportunity to subscribe to and receive additional information about our products and services. After your first use, you can change your initial choices by contacting customer service e-mail at firstname.lastname@example.org. Each commercial e-mail that we send to you will offer you the opportunity to opt-out of continuing to receive such messages. We may take up to 10 business days to process your opt-out requests. In some instances, we may have already shared your information with one of our authorized third parties before you changed your information preferences. In those cases, you may have to directly contact those third parties to opt-out of receiving their communications.
FTC email compliance guidance allows us to send you transactional and relationship e-mail without offering you the opportunity to opt-out of receiving those types of e-mail.
8. General Information and Privacy Support Contact