This Agreement is subject to change at any time, effective upon posting on the Service.
NerdAlert.com connects Nerd Alert Service Professionals and Nerd Alert Service Requesters.
NerdAlert.com is a communications platform for enabling the connection between individuals seeking to obtain tech support related services (“Nerd Alert Service Requesters”) and/or individuals seeking to provide tech related services (“Nerd Alert Service Professionals”). Nerd Alert Service Requesters and Nerd Alert Service Professionals together are hereinafter referred to as “Users.” Those certain services requested by the Nerd Alert Service Requesters, which are to be completed by the Nerd Alert Service Professionals are hereinafter referred to as “Services.”
NerdAlert.com is a communications platform for enabling connections between Users. NerdAlert.com does not take part in the interaction between Users. Nerd Alert checks the backgrounds of all Nerd Service Providers via third party background check services; however, does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Services provided by Nerd Alert Service Providers, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. NerdAlert.com does not have control over the quality, timing or legality of Services delivered by its Nerd Alert Service Professionals. NerdAlert.com makes no representations about the suitability, reliability, timeliness, or accuracy of the Services requested and provided by Users identified through the Service whether in public, private, or offline interactions. Although NerdAlert.com does perform background checks of Nerd Alert Service Professionals, NerdAlert.com cannot confirm that each User is who they claim to be. NerdAlert.com does not assume any responsibility for the accuracy or reliability of this information or any information on the Service.
Neither nerdalert.com nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the service. nerdalert.com and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the service.
Users of the Service contract for Services directly with other Users. NerdAlert.com will not be a party to any contracts for Services or services. NerdAlert.com facilitates these contracts by supplying a medium for the exchange of money.
Nerd Alert Service Requesters offer Service Payments for each requested service.
Three days after a service is completed, if there is no complaint by the Nerd Alert Service Requester, the service will be marked as closed by Nerd Alert, the agreed upon payment will be transferred to the Nerd Alert Service Professional’s online account. The Service Payment must be paid through the NerdAlert.com Web Service. Any Service Payments paid in cash outside of the NerdAlert.com Web Service are NOT subject to refunds. Any reimbursement expenses that are incurred by a Nerd Alert in connection with the completion of a Service may, however, be paid in cash offline or through the NerdAlert.com Web Service.
NerdAlert.com expressly disclaims any liability that may arise between Users of its Service.
NerdAlert.com is only a venue for connecting Users. Because NerdAlert.com is not involved in the actual contact between Users or in the completion of the Service, in the event that you have a dispute with one or more Users, you release NerdAlert.com (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or 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.
Links (such as hyperlinks) from NerdAlert.com to other sites on the Web do not constitute the endorsement by NerdAlert.com of those sites or their content. Such links are provided as an information service, for reference and convenience only. NerdAlert.com does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the NerdAlert.com Service as well as any advertisements displayed in connection therewith) does not mean that NerdAlert.com endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
The Service may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not:
All submissions made to Public Areas will be public, and NerdAlert.com will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or NerdAlert.com for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. NerdAlert.com has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact NerdAlert.com immediately.
The Service may be used for your personal, non-commercial use only; you may not use the Service in connection with any commercial endeavors whatsoever without the express prior written consent of NerdAlert.com.
Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services facilitated through NerdAlert.com without express written permission from NerdAlert.com.
You may not use the Service to collect usernames and/or email addresses of members by electronic or other means without the express prior written consent of NerdAlert.com.
“Your Information” is defined as any information and materials you provide to NerdAlert.com or other Users in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant to NerdAlert.com that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for NerdAlert.com or cause NerdAlert.com to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
Solely to enable NerdAlert.com to use Your Information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known.
Nerd Alert Service Requesters are obligated to pay for the services of the Service, unless specifically notified otherwise. Nerd Alert Service Requesters can also pay at the end of a completed Service transaction. For all purchases and payments for reimbursement costs, fees or expenses associated with a Service, NerdAlert.com will charge your credit card according to the amount agreed upon between you and NerdAlert.com for the use of the services of the Service, and you hereby authorize us to charge your credit card for such amounts. NerdAlert.com retains the right, in its sole discretion, to place a hold on any payment for a completed Service transaction.
No refunds or credits will be provided once the Nerd Alert Service Requester’s credit card has been charged. At NerdAlert.com’s sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by NerdAlert.com.
While NerdAlert.com will use commercially reasonable efforts to ensure the security of all creditcard and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold NerdAlert.com harmless for any damages that may result therefrom. NerdAlert.com will use third party services to process credit card information. For further information regarding that service, please contact NerdAlert.com to request information about NerdAlert.com’s credit card processing providers.
You will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on NerdAlert.com’s income).
Without limitation, NerdAlert.com may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of NerdAlert.com posted on the Service from time to time, or if NerdAlert.com otherwise finds that you have engaged in inappropriate and/or offensive behavior. If NerdAlert.com terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, NerdAlert.com reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
NerdAlert.com may terminate or suspend your right to use the Service at anytime for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.
You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, s oftware, videos, designs, typefaces and other content (collectively “Proprietary Material”) that users see or read on the Service is owned by NerdAlert.com or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. NerdAlert.com owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without NerdAlert.com’s express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of NerdAlert.com and/or the relevant right holder.
The service marks and trademarks of NerdAlert.com, including without limitation NerdAlert.com and the NerdAlert.com logo are service marks owned by NerdAlert.com. Any other trademarks, service marks, logos and/or trade names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
NerdAlert.com respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Service infringe upon your copyrights, please send the following information to Nerd Alert, Inc., 184 Sunset Ave, Apt. 29, Palm Beach, FL 33480.
A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow NerdAlert.com to locate the material, and explain why you think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
NerdAlert.com reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information on the Service with or without notice. NerdAlert.com will not be liable to any party for any modification or discontinuance of the Service.
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of NerdAlert.com and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify NerdAlert.com in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to NerdAlert.com upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of NerdAlert.com’s trade secrets, confidential and proprietary information and all other information and data of NerdAlert.com that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, clients, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
use of the service is entirely at your own risk.the service is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.
without limiting the foregoing, neither nerdalert.com nor its affiliates or licensors warrant that access to the service will be uninterrupted or that the service will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the service, or as to the timeliness, accuracy, reliability, completeness or content of any or service, information or materials provided through or in connection with the use of the service.
neither nerdalert.com nor its affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the service.
neither nor its affiliates or licensors is responsible for the conduct, whether online or offline, between nerd alert nerd alert service professionals.
neither nerdalert.com nor its affiliates or licensors warrant that the service is free from viruses, worms, trojan horses, or other harmful components.
nerdalert.com and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
you agree not to hold nerdalert.com, its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the service, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassmentthat is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by nerdalert.com or its affiliates or licensors and any destruction of your information.
under no circumstances will nerdalert.com its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the services, even if advised of the possibility of the same. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
if, notwithstanding the foregoing exclusions, it is determined that nerdalert.com or its affiliates, its licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to nerdalert.com during the six (6) months prior to the time such claim arose.
You hereby agree to indemnify, defend, and hold harmless NerdAlert.com, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with your use or inability to use the Service. NerdAlert.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of NerdAlert.com.
Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and NerdAlert.com agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to NerdAlert.com. NerdAlert.com’s address for such notices is Nerd Alert, Inc., 184 Sunset Ave, Apt 29, Palm Beach, FL 33480.
Binding Arbitration. If you and NerdAlert.com are unable to resolve a Dispute through informal negotiations, either you or NerdAlert.com may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA”Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, NerdAlert.com will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and NerdAlert.com may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Exceptions to Alternative Dispute Resolution. You and NerdAlert.com 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 your or NerdAlert.com’s intellectual property rights; (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.
Restrictions. You and NerdAlert.com agree that any arbitration will be limited to the Dispute between NerdAlert.com and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (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.
Location: Arbitration will take place at any reasonable location within the United States convenient for you.
Severability: You and NerdAlert.com agree that if any portion of this section entitled “Dispute Resolution and Governing Law” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” is found to be illegal or unenforceable, neither you nor NerdAlert.com will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction and you and NerdAlert.com agree to submit to the personal jurisdiction of that court.
NerdAlert.com may from time to time provide certain promotional opportunities to Nerd Alert Service Requesters All promotions will be run at the sole discretion of Nerd Alert, Inc., and can be activated, modified or removed at anytime by NerdAlert.com without advance notification.
In the event that you are given a code by or on behalf of Nerd Alert through which you may refer a friend to Nerd Alert in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by Nerd Alert in its sole discretion. Without limiting Nerd Alert’s other rights and remedies, Nerd Alert may terminate such code and/or your account for any breach of this Section.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Failure by NerdAlert.com to enforce any provision(s) of this User Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and NerdAlert.com with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of NerdAlert.com, its successors and assigns.
Nerd Alert may collect personally identifiable information, such as your name. If you purchase Nerd AlertÃ¢â‚¬â„¢s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. Nerd Alert may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future.
Information about your computer hardware and software may be automatically collected by Nerd Alert. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Nerd Alert website.
Nerd Alert encourages you to review the privacy statements of websites you choose to link to from Nerd Alert so that you can understand how those websites collect, use and share your information. Nerd Alert is not responsible for the privacy statements or other content on websites outside of the Nerd Alert website.
Nerd Alert collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Nerd Alert may also use your personally identifiable information to inform you of other products or services available from Nerd Alert and its affiliates. Nerd Alert may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
Nerd Alert does not sell, rent or lease its client lists to third parties.
Nerd Alert may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Nerd Alert, and they are required to maintain the confidentiality of your information.
Nerd Alert may also share your personal information (such as your name, address and email address) with other corporate entities and vendors working with Nerd Alert in order to enable those service providers to use such information for their own marketing-related purposes, and such service providers may in turn share such information with other third parties for marketing-related purposes. If you wish to opt out of having your personal information shared by Nerd Alert with third party corporate entities and vendors for marketing-related purposes, pleaseÃ‚ click here.
Nerd Alert may keep track of the websites and pages our users visit within Nerd Alert, in order to determine what Nerd Alert services are the most popular. This data is used to deliver customized content and advertising within Nerd Alert to clients whose behavior indicates that they are interested in a particular subject area.
Nerd Alert will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Nerd Alert or the site; (b) protect and defend the rights or property of Nerd Alert; and, (c) act under exigent circumstances to protect the personal safety of users of Nerd Alert, or the public.
The Nerd Alert website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Nerd Alert pages, or register with Nerd Alert site or services, a cookie helps Nerd Alert to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Nerd Alert website, the information you previously provided can be retrieved, so you can easily use the Nerd Alert features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Nerd Alert services or websites you visit.
Nerd Alert secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Nerd Alert does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Nerd Alert by contacting us here:
Phone: (561) 402–7343
Changes to this statement
Nerd Alert will occasionally update this Statement of Privacy to reflect company and client feedback. Nerd Alert encourages you to periodically review this statement to be informed of how Nerd Alert is protecting your information.
Nerd Alerts welcomes your questions or comments regarding this Statement of Privacy. If you believe that Nerd Alert has not adhered to this Statement, pleaseÃ‚ contactÃ‚ Nerd Alert.