Section I – Visitor Agreement
THESE VISITOR TERMS AND CONDITIONS (the “Agreement”) and the policies and documents referenced herein contain the complete terms and conditions that apply to your use of the Nirvana Float service system (the “Services”) created and provided by Nirvana Float, LLC, a Pennsylvania limited liability company doing business as Nirvana Float (“Nirvana Float”, “we”, “our”, or “us”), via various portal websites, mobile devices, and other interfaces (collectively, the “Service Interface”). As used in this Agreement:
“Subscriber” is the business or entity that purchased a subscription for the Services pursuant to the Software Service Agreement with Nirvana Float.
“Visitor” or “you” is/are the businesses or individuals considering, scheduling, and purchasing products and services from the Subscriber.
By accepting this Agreement electronically, or by using the Services in any manner, you acknowledge and accept to be unconditionally bound by the terms and conditions of this Agreement. Nirvana Float may modify this Agreement at any time without notice by posting an update to NirvanaFloat.com. Continued use of the Services after a change in this Agreement constitutes your acceptance of such change.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, DO NOT USE THE SERVICE.
- DESCRIPTION OF SERVICES
a. The Services enable Visitors to locate Subscribers’ available appointment-based services by entering search criteria (i.e., type of service, date and time of appointment) into the Services interface. The Services uses the entered criteria to locate available upcoming appointments offered by the Subscribers and lists those available services with descriptions, pricing, and other details.
b. Visitors may create accounts with individual Subscribers to interact with such Subscribers through the Services (“Visitor Accounts”). Visitors Accounts allow Visitors to schedule and purchase products and services from their Subscriber through the Service. After scheduling appointments with the Service, Visitors may be sent reminder emails or a reminder phone call by the Subscriber to confirm the appointment.
c. The Services also enables Visitors to purchase gift cards and other products by giving a predetermined dollar amount to the Visitor’s chosen recipient, redeemable either at a specific Subscriber’s in-person location or online store. These purchases may be delivered in the form of a printed gift certificate, electronic code (via email or text message), or a plastic card that can be physically mailed to the Visitor’s chosen recipient.
- VISITOR USE OF SERVICES
Nirvana Float is committed to safeguarding your privacy online. For more information, please review our Privacy Policy.
a. The Services are free for Visitors to use. As a Visitor, you agree: (a) to use the Services to book reservations solely for Visitor’s personal use or for another person’s personal use at the Subscriber’s place of business only with such other person’s permission; and (b) to honor such reservation by arriving at the Subscriber’s place of business at the prescribed time. Visitor further agrees not to book more than one reservation for any person at any one time.
b. Only you are permitted to access the Services via your Visitor Account. You are responsible for maintaining the confidentiality of your login credentials. Your login credentials are for your personal use only and you may not, under any circumstances, share, distribute, or otherwise make your login credentials available to anyone. You accept responsibility for all activity that occurs under your Visitor Account. Nirvana Float is not liable for any loss or damage arising out of your failure to maintain your Visitor Account security. You agree to notify us immediately of any suspected theft, loss, or fraudulent use of your login credentials.
c. Resale or attempted resale of reservations is prohibited and is grounds for termination of your use of the Services. You agree not to take any action which is unlawful or in violation of this Agreement. Nirvana Float expressly reserves all its rights and remedies under applicable state and federal law to refuse service, terminate accounts, or cancel reservations.
d. You acknowledge that you have read and understand our Privacy Policy. Note that as Subscribers are responsible for their own privacy practices. Please contact a Subscriber to learn about how they collect and use your personal information.
- NIRVANA FLOAT TEXT MESSAGING POLICY
a. The Services include a feature that sends reminders via text message, for example appointment reminders, alerts, links to complete waivers or other forms, and updates about appointments and waitlists for services (collectively, “Reminders”). By submitting your wireless number to the Services you expressly consent and authorize Nirvana Float to use your wireless number to send you Reminders about your appointments or other use of the Service. The number of texts you receive will be determined by the Subscriber(s) with which you have made appointments. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
b. Your use of the Services and receipt of text messages is entirely optional and will not impact your eligibility to use the Services or make appointments with Subscribers. You can unsubscribe from Reminders by replying STOP or UNSUBSCRIBE to any of these text messages. However, if you opt out of text messages on the Service, you will not have the benefit of receiving Reminders about your appointments. See our Privacy Policy for details.
- NIRVANA FLOAT EMAIL POLICY
a. If you opted to receive email from a Subscriber through the Services at the time of registration with the Services Interface, you may receive periodic emails. If you would rather not receive email from the Service, please login to your account and change your settings, and you will be unsubscribed from receiving further emails. However, Nirvana Float is not responsible for any emails sent to you by the Subscribers, and you should contact such Subscribers directly should you experience any problems with receiving unwanted emails or adjusting your email preferences.
b. Notwithstanding the above provision, Visitor will still receive purchase receipts and reservation confirmations relating to reservations booked by Visitor through the Services Interface through email even though Visitor opted not to receive periodic email from Subscribers through the Service.
c. You will never receive email from any third-party affiliated with the Services unless you have affirmatively opted to receive such email. In accordance with our Privacy Policy, we do not share any of your individual information without your prior consent.
- INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO VISITOR
The materials and features provided for and depicted on the Services Interface are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data, or other content on helmbot.com (the “Site”) and the Services Interface (collectively, the “Service Content”) is provided to the Visitor by Nirvana Float for the sole purpose of using the Service. Visitor shall not copy, display, modify, create derivative works of, publish, or sell the Services Content or any information, software, or Services provided by Nirvana Float hereunder. Content displayed on the Site or Services may be modified from time to time at Nirvana Float’s discretion. Except as expressly set forth herein, no license or any other property right is granted to Visitor for any other purpose, and any prohibited use of the Services or of the Services Content by Visitor shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Nirvana Float or its licensors in the Services or the Services Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or any other intellectual property rights. No license, right, or interest in any trademarks of Nirvana Float or any third-party is granted under this Agreement. - REVIEWS & OTHER VISITOR SUBMITTED CONTENT
Visitor may submit reviews, comments, suggestions, ideas, questions, or other information for publication and distribution to service providers and other third-parties, so long as the content is not illegal, defamatory, abusive, obscene, threatening, harassing, fraudulent, offensive, hateful or profane or otherwise injurious to third-parties or objectionable and does not contain spam, malicious software code, such as trojans or viruses, commercial solicitation, political campaigning, chain letters, or references to illegal activity, malpractice, purposeful overcharging, or false advertising. You may not use false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin of the content you upload. Nirvana Float reserves the right, but has no obligation to review, remove, or edit such content. If Visitor submits reviews and/or other content, Visitor grants Nirvana Float a perpetual, royalty-free, irrevocable, and fully transferable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that : (a) you own or otherwise control all of the rights to the content that you submit; (b) that the content is accurate; (c) that use of any content you supply does not violate this policy and will not cause an injury to any person or entity. Nirvana Float has the right, but has no obligation to monitor, edit, or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by Nirvana Float in its sole discretion. Nirvana Float takes no responsibility and assumes no liability for any content submitted by Visitor or any third-party. - ACCESS AND INTERFERENCE
Information displayed in the Services is updated in aggregate and is proprietary or licensed to Nirvana Float by its Subscribers or third parties. By using the Services in any form, Visitor agrees not to employ, or enable any third-party to employ, any device or software code that (a) deploys any robot, spider, scraper or other automatic device, process or means to access the Site for any purpose without Nirvana Float’s express written permission; (b) implements any manual processes to copy, monitor or cache Service Content from the Site and the Services Interface without express written permission of Nirvana Float; or (c) interferes with or attempts to interfere with the functionality of the Service. Visitors also agree not to take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure. - USE ON MOBILE DEVICE
If you use the Services via a mobile device, you are responsible for ensuring that your mobile telephone or handheld device is compatible and has Internet access and the necessary minimum software specifications. The Services may request certain privacy permissions on your device such as access to your calendar, device camera or microphone, or other apps and associated features on your device. You acknowledge that the terms of the agreement with your respective mobile network provider will continue to apply when using the services on a mobile device. Data and messaging charges may apply to your use of the Services or any text messaging or photo-sharing features you use via a mobile device. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used, you will be assumed to have received permission from the bill payer to use the Services on the device. - LIMITATION OF LIABILITY
IN NO EVENT SHALL NIRVANA FLOAT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (A) ANY USE OF THE SERVICES, THE SITE, THE NIRVANA FLOAT HOST WEBSITES, OR THE SERVICES CONTENT, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SERVICES WEBSITE AND SERVICE INTERFACE FOR RESERVATIONS), OR (C) THE PERFORMANCE OR NON-PERFORMANCE OF ANY SUBSCRIBER OR SERVICE PROVIDER IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL VISITORS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD-PARTY DIRECTING VISITORS TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO VISITOR FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE WEBSITE, SERVICE INTERFACE OR THE SERVICES CONTENT. VISITOR ACKNOWLEDGES AND AGREES THAT NIRVANA FLOAT IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED SERVICE PROVIDER IN WHICH A VISITOR HAS MADE A RESERVATION. ASIDE FROM THE SERVICES PROVIDED ON THE SERVICES WEBSITE, NIRVANA FLOAT IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A VISITOR’S VISIT TO AN AFFILIATED SERVICE PROVIDER. - DISCLAIMER OF WARRANTY
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SERVICES WEBSITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE SERVICES CONTENT, ARE PROVIDED ON AN “AS IS” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIRVANA FLOAT, ITS AFFILIATES, AND ANY THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, ANY ANCILLARY SERVICES, OR ANY PROVIDER SERVICE OF THIRD-PARTY SERVICES, IN WHOLE OR IN PART, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. NIRVANA FLOAT, ITS AFFILIATES, AND THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS DO NOT WARRANT THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICES, ANCILLARY SERVICES, OR ANY PROVIDER SERVICE OF THIRD-PARTY SERVICES, IN WHOLE OR IN PART, OR THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, MALICIOUS CODE, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION. IN THE EVENT THAT THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT. - THIRD-PARTY CONTENT
The Services may include or link to third-party content, websites, resources, or content owned or operated by third parties, over which we have no control (“Third-Party Content”). Third-Party Content available on the Services is provided solely for your convenience. Nirvana Float is not responsible for the content of any Third-Party Content, nor do we make any representations about the content or accuracy of material on any other platforms. Inclusion of Third-Party Content on the Services does not imply our approval or endorsement of the Third-Party Content. Please be aware that when you click on links that take you to external platforms or content, you do so at your own risk, and you will be subject to their privacy policies and practices and not ours. Any concerns regarding any such website, service, or resource should be directed to the respective third-party. - SEVERABILITY; WAIVER
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor does it create an expectation of non-enforcement of that or any other provision or right. - NO ASSIGNMENT
This Agreement, and all rights and obligations under this Agreement may not be transferred, assigned or delegated in any manner by Visitor, however, Nirvana Float may freely transfer, assign, or delegate its rights under this Agreement. - TERM
This Agreement shall remain in full force and effect as long as you use the Services. Termination of this Agreement is effective when you discontinue all use of the Services and delete your Visitor Account, if any. - JURISDICTION
This Agreement is governed by the laws of the state of Pennsylvania, United States of America, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Agreement. Any action or proceeding arising out of this Agreement shall be litigated in courts located in Montgomery County, Pennsylvania. Each party consents and submits to the jurisdiction of any local, state, or federal court located in Montgomery County, Pennsylvania for such purposes.
Section II – Acceptable Use Policy
- Rules for Acceptable Use
Nirvana Float requires that all Subscribers, Visitors, and other users of the Services conduct themselves with respect. Please observe the following rules in your use of the Service:
a. Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
b. Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission. Do not cooperate in or facilitate identity theft.
c. Intellectual Property: Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
d. Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.
e. Harassment: Do not promote or engage in discrimination, racism, harassment or hate speech against any individual or group.
f. Spam: Do not send bulk unsolicited emails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-Spam Act of 2003.
g. Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.
h. Violations of Law: Do not violate any law.
- Consequences of Violation
Violation of this Section II may lead to suspension or termination of the Visitor’s account or legal action. In addition, the Visitor may be required to pay for the costs of investigation and remedial action related to violations of this Section II. Nirvana Float reserves the right to take any other remedial action it sees fit. While this section does not require Nirvana Float to take any action against you, other Visitors, or Subscribers for violating any provision of this section, Nirvana Float is free to take any such actions as it deems necessary to remedy such violations. - Responsibility for Legal Compliance
You are solely responsible for ensuring that your use of the Service, including appointments made with Subscribers and the services you receive from Subscribers, complies with applicable local laws. Not all features, products or services discussed, referenced, provided, or offered via the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Nirvana Float reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Services is void where prohibited. - Reporting Unacceptable Use
If you have information related to a violation of any provision of this Acceptable Use Policy, please report it to us via an email to support@nirvanafloat.com. Please include the date and time (with time zone) of the violation and any identifying information regarding the violator, including email or IP (internet protocol) address if available, as well as details of the violation.”, “we”, “our”, or “us”), via various portal websites, mobile devices, and other interfaces (collectively, the “Service Interface”). As used in this Agreement:
“Subscriber” is the business or entity that purchased a subscription for the Services pursuant to the Software Service Agreement with Nirvana Float.
“Visitor” or “you” is/are the businesses or individuals considering, scheduling, and purchasing products and services from the Subscriber.
By accepting this Agreement electronically, or by using the Services in any manner, you acknowledge and accept to be unconditionally bound by the terms and conditions of this Agreement. Nirvana Float may modify this Agreement at any time without notice by posting an update to NirvanaFloat.com. Continued use of the Services after a change in this Agreement constitutes your acceptance of such change.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, DO NOT USE THE SERVICE.
- DESCRIPTION OF SERVICES
a. The Services enable Visitors to locate Subscribers’ available appointment-based services by entering search criteria (i.e., type of service, date and time of appointment) into the Services interface. The Services uses the entered criteria to locate available upcoming appointments offered by the Subscribers and lists those available services with descriptions, pricing, and other details.
b. Visitors may create accounts with individual Subscribers to interact with such Subscribers through the Services (“Visitor Accounts”). Visitors Accounts allow Visitors to schedule and purchase products and services from their Subscriber through the Service. After scheduling appointments with the Service, Visitors may be sent reminder emails or a reminder phone call by the Subscriber to confirm the appointment.
c. The Services also enables Visitors to purchase gift cards and other products by giving a predetermined dollar amount to the Visitor’s chosen recipient, redeemable either at a specific Subscriber’s in-person location or online store. These purchases may be delivered in the form of a printed gift certificate, electronic code (via email or text message), or a plastic card that can be physically mailed to the Visitor’s chosen recipient.
- VISITOR USE OF SERVICES
Nirvana Float is committed to safeguarding your privacy online. For more information, please review our Privacy Policy.
a. The Booking Services are free for Visitors to use. As a Visitor, you agree: (a) to use the Services to book reservations solely for Visitor’s personal use or for another person’s personal use at the Subscriber’s place of business only with such other person’s permission; and (b) to honor such reservation by arriving at the Subscriber’s place of business at the prescribed time. Visitor further agrees not to book more than one reservation for any person at any one time.
b. Only you are permitted to access the Services via your Visitor Account. You are responsible for maintaining the confidentiality of your login credentials. Your login credentials are for your personal use only and you may not, under any circumstances, share, distribute, or otherwise make your login credentials available to anyone. You accept responsibility for all activity that occurs under your Visitor Account. Nirvana Float is not liable for any loss or damage arising out of your failure to maintain your Visitor Account security. You agree to notify us immediately of any suspected theft, loss, or fraudulent use of your login credentials.
c. Resale or attempted resale of reservations is prohibited and is grounds for termination of your use of the Services. You agree not to take any action which is unlawful or in violation of this Agreement. Nirvana Float expressly reserves all its rights and remedies under applicable state and federal law to refuse service, terminate accounts, or cancel reservations.
d. You acknowledge that you have read and understand our Privacy Policy. Note that as Subscribers are responsible for their own privacy practices. Please contact a Subscriber to learn about how they collect and use your personal information.
- NIRVANA FLOAT TEXT MESSAGING POLICY
a. The Services include a feature that sends reminders via text message, for example appointment reminders, alerts, links to complete waivers or other forms, and updates about appointments and waitlists for services (collectively, “Reminders”). By submitting your wireless number to the Services you expressly consent and authorize Nirvana Float to use your wireless number to send you Reminders about your appointments or other use of the Service. The number of texts you receive will be determined by the Subscriber(s) with which you have made appointments. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
b. Your use of the Services and receipt of text messages is entirely optional and will not impact your eligibility to use the Services or make appointments with Subscribers. You can unsubscribe from Reminders by replying STOP or UNSUBSCRIBE to any of these text messages. However, if you opt out of text messages on the Service, you will not have the benefit of receiving Reminders about your appointments. See our Privacy Policy for details.
- NIRVANA FLOAT EMAIL POLICY
a. If you opted to receive email from a Subscriber through the Services at the time of registration with the Services Interface, you may receive periodic emails. If you would rather not receive email from the Service, please login to your account and change your settings, and you will be unsubscribed from receiving further emails. However, Nirvana Float is not responsible for any emails sent to you by the Subscribers, and you should contact such Subscribers directly should you experience any problems with receiving unwanted emails or adjusting your email preferences.
b. Notwithstanding the above provision, Visitor will still receive purchase receipts and reservation confirmations relating to reservations booked by Visitor through the Services Interface through email even though Visitor opted not to receive periodic email from Subscribers through the Service.
c. You will never receive email from any third-party affiliated with the Services unless you have affirmatively opted to receive such email. In accordance with our Privacy Policy, we do not share any of your individual information without your prior consent.
- INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO VISITOR
The materials and features provided for and depicted on the Services Interface are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data, or other content on helmbot.com (the “Site”) and the Services Interface (collectively, the “Service Content”) is provided to the Visitor by Nirvana Float for the sole purpose of using the Service. Visitor shall not copy, display, modify, create derivative works of, publish, or sell the Services Content or any information, software, or Services provided by Nirvana Float hereunder. Content displayed on the Site or Services may be modified from time to time at Nirvana Float’s discretion. Except as expressly set forth herein, no license or any other property right is granted to Visitor for any other purpose, and any prohibited use of the Services or of the Services Content by Visitor shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Nirvana Float or its licensors in the Services or the Services Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or any other intellectual property rights. No license, right, or interest in any trademarks of Nirvana Float or any third-party is granted under this Agreement. - REVIEWS & OTHER VISITOR SUBMITTED CONTENT
Visitor may submit reviews, comments, suggestions, ideas, questions, or other information for publication and distribution to service providers and other third-parties, so long as the content is not illegal, defamatory, abusive, obscene, threatening, harassing, fraudulent, offensive, hateful or profane or otherwise injurious to third-parties or objectionable and does not contain spam, malicious software code, such as trojans or viruses, commercial solicitation, political campaigning, chain letters, or references to illegal activity, malpractice, purposeful overcharging, or false advertising. You may not use false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin of the content you upload. Nirvana Float reserves the right, but has no obligation to review, remove, or edit such content. If Visitor submits reviews and/or other content, Visitor grants Nirvana Float a perpetual, royalty-free, irrevocable, and fully transferable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that : (a) you own or otherwise control all of the rights to the content that you submit; (b) that the content is accurate; (c) that use of any content you supply does not violate this policy and will not cause an injury to any person or entity. Nirvana Float has the right, but has no obligation to monitor, edit, or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by Nirvana Float in its sole discretion. Nirvana Float takes no responsibility and assumes no liability for any content submitted by Visitor or any third-party. - ACCESS AND INTERFERENCE
Information displayed in the Services is updated in aggregate and is proprietary or licensed to Nirvana Float by its Subscribers or third parties. By using the Services in any form, Visitor agrees not to employ, or enable any third-party to employ, any device or software code that (a) deploys any robot, spider, scraper or other automatic device, process or means to access the Site for any purpose without Nirvana Float’s express written permission; (b) implements any manual processes to copy, monitor or cache Service Content from the Site and the Services Interface without express written permission of Nirvana Float; or (c) interferes with or attempts to interfere with the functionality of the Service. Visitors also agree not to take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure. - USE ON MOBILE DEVICE
If you use the Services via a mobile device, you are responsible for ensuring that your mobile telephone or handheld device is compatible and has Internet access and the necessary minimum software specifications. The Services may request certain privacy permissions on your device such as access to your calendar, device camera or microphone, or other apps and associated features on your device. You acknowledge that the terms of the agreement with your respective mobile network provider will continue to apply when using the services on a mobile device. Data and messaging charges may apply to your use of the Services or any text messaging or photo-sharing features you use via a mobile device. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used, you will be assumed to have received permission from the bill payer to use the Services on the device. - LIMITATION OF LIABILITY
IN NO EVENT SHALL NIRVANA FLOAT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (A) ANY USE OF THE SERVICES, THE SITE, THE NIRVANA FLOAT HOST WEBSITES, OR THE SERVICES CONTENT, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SERVICES WEBSITE AND SERVICE INTERFACE FOR RESERVATIONS), OR (C) THE PERFORMANCE OR NON-PERFORMANCE OF ANY SUBSCRIBER OR SERVICE PROVIDER IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL VISITORS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD-PARTY DIRECTING VISITORS TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO VISITOR FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE WEBSITE, SERVICE INTERFACE OR THE SERVICES CONTENT. VISITOR ACKNOWLEDGES AND AGREES THAT NIRVANA FLOAT IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY AFFILIATED SERVICE PROVIDER IN WHICH A VISITOR HAS MADE A RESERVATION. ASIDE FROM THE SERVICES PROVIDED ON THE SERVICES WEBSITE, NIRVANA FLOAT IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A VISITOR’S VISIT TO AN AFFILIATED SERVICE PROVIDER. - DISCLAIMER OF WARRANTY
THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SERVICES WEBSITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE SERVICES CONTENT, ARE PROVIDED ON AN “AS IS” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIRVANA FLOAT, ITS AFFILIATES, AND ANY THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, ANY ANCILLARY SERVICES, OR ANY PROVIDER SERVICE OF THIRD-PARTY SERVICES, IN WHOLE OR IN PART, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. NIRVANA FLOAT, ITS AFFILIATES, AND THIRD-PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS DO NOT WARRANT THE COMPREHENSIVENESS, COMPLETENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICES, ANCILLARY SERVICES, OR ANY PROVIDER SERVICE OF THIRD-PARTY SERVICES, IN WHOLE OR IN PART, OR THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, MALICIOUS CODE, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION. IN THE EVENT THAT THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT. - THIRD-PARTY CONTENT
The Services may include or link to third-party content, websites, resources, or content owned or operated by third parties, over which we have no control (“Third-Party Content”). Third-Party Content available on the Services is provided solely for your convenience. Nirvana Float is not responsible for the content of any Third-Party Content, nor do we make any representations about the content or accuracy of material on any other platforms. Inclusion of Third-Party Content on the Services does not imply our approval or endorsement of the Third-Party Content. Please be aware that when you click on links that take you to external platforms or content, you do so at your own risk, and you will be subject to their privacy policies and practices and not ours. Any concerns regarding any such website, service, or resource should be directed to the respective third-party. - SEVERABILITY; WAIVER
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor does it create an expectation of non-enforcement of that or any other provision or right. - NO ASSIGNMENT
This Agreement, and all rights and obligations under this Agreement may not be transferred, assigned or delegated in any manner by Visitor, however, Nirvana Float may freely transfer, assign, or delegate its rights under this Agreement. - TERM
This Agreement shall remain in full force and effect as long as you use the Services. Termination of this Agreement is effective when you discontinue all use of the Services and delete your Visitor Account, if any. - JURISDICTION
This Agreement is governed by the laws of the state of Pennsylvania, United States of America, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing this Agreement. Any action or proceeding arising out of this Agreement shall be litigated in courts located in Montgomery County, Pennsylvania. Each party consents and submits to the jurisdiction of any local, state, or federal court located in Montgomery County, Pennsylvania for such purposes.
Section II – Acceptable Use Policy
- Rules for Acceptable Use
Nirvana Float requires that all Subscribers, Visitors, and other users of the Services conduct themselves with respect. Please observe the following rules in your use of the Service:
a. Abusive Behavior: Do not harass, threaten, or defame any person or entity. Do not contact any person who has requested no further contact. Do not use ethnic or religious slurs against any person or group.
b. Privacy: Do not violate the privacy rights of any person. Do not collect or disclose any personal address, social security number, or other personally identifiable information without each holder’s written permission. Do not cooperate in or facilitate identity theft.
c. Intellectual Property: Do not infringe upon the copyrights, trademark rights, trade secret rights, or other intellectual property rights of any person or entity. Do not reproduce, publish, or disseminate software, audio recordings, video recordings, photographs, articles, or other works of authorship without the written permission of the copyright holder.
d. Hacking, Viruses, & Network Attacks: Do not access any computer or communications system without authorization, including the computers used to provide the Service. Do not attempt to penetrate or disable any security system. Do not intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, or website. Do not attempt to access or otherwise interfere with the accounts of other users of the Service.
e. Harassment: Do not promote or engage in discrimination, racism, harassment or hate speech against any individual or group.
f. Spam: Do not send bulk unsolicited emails (“Spam”) or sell or market any product or service advertised by or connected with Spam. Do not facilitate or cooperate in the dissemination of Spam in any way. Do not violate the CAN-Spam Act of 2003.
g. Fraud: Do not issue fraudulent offers to sell or buy products, services, or investments. Do not mislead anyone about the details or nature of a commercial transaction. Do not commit fraud in any other way.
h. Violations of Law: Do not violate any law.
- Consequences of Violation
Violation of this Section II may lead to suspension or termination of the Visitor’s account or legal action. In addition, the Visitor may be required to pay for the costs of investigation and remedial action related to violations of this Section II. Nirvana Float reserves the right to take any other remedial action it sees fit. While this section does not require Nirvana Float to take any action against you, other Visitors, or Subscribers for violating any provision of this section, Nirvana Float is free to take any such actions as it deems necessary to remedy such violations. - Responsibility for Legal Compliance
You are solely responsible for ensuring that your use of the Service, including appointments made with Subscribers and the services you receive from Subscribers, complies with applicable local laws. Not all features, products or services discussed, referenced, provided, or offered via the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Nirvana Float reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Services is void where prohibited. - Reporting Unacceptable Use
If you have information related to a violation of any provision of this Acceptable Use Policy, please report it to us via an email to support@nirvanafloat.com. Please include the date and time (with time zone) of the violation and any identifying information regarding the violator, including email or IP (internet protocol) address if available, as well as details of the violation.