Now City Inc. Terms of Service

Last updated on October 8, 2021

Who we are

Our website address is:
https://nowcity.co

Our Address

Our office is at: 101 Cooper St. Santa Cruz, CA 95060

1. ACCEPTANCE OF TERMS OF SERVICE.

The Now City Inc. Services (“Services”) as described below, are provided to you under the terms and conditions of this agreement and any operating rules or policies that may be published by Now City from time to time (“Agreement”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICES.  BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE NOW.

2. DESCRIPTION OF SERVICES.

This Website allows you to search, preview and see certain materials, texts, graphics and other information (“Content”) stored online for the benefit of Now City’s users, Members and certain other third parties, who may acquire limited rights to use the Content (“Services”).  Such Services will also consist of Now City performing the following: surveys and quizzes, community interactions, events, offers to “reserve a spot” in a Now City neighborhood, offers to invest, offers to connect with other users, offers to connect with partners, offers to buy merchandise, and use of this Website.  Some Services offered by Now City through this Website may require your entering into additional agreements.  Unless explicitly stated otherwise, such additional agreements, any new features that augment or enhance the current Services, including the addition of new Content, will be subject to the terms of this Agreement.

Additional Content, access, and participation in the Now City Project are available to those users who wish to become “Members”, details of which are set forth in other areas of the Website. 

3. OWNERSHIP.

Subject to the terms and conditions herein, as between Now City and you, the Content, and its expression and arrangement, is solely owned by Now City and its licensors.  Now City owns all right, title and interest in and to the Services and all related software, technology, information, documents, files, web pages and other materials including all Intellectual Property Rights and other proprietary rights therein, developed in connection with such Services by Now City. 

“Intellectual Property Rights” will mean any and all registered and unregistered rights granted, applied for or otherwise related to any patent, copyright, trademark, trade secret, database protection or other Intellectual Property Rights laws, and all similar or equivalent rights or forms of protection as may now exist and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the law of the United States or any other state, country or jurisdiction.

Content contributed by Members my be owned by them and licensed to Now City. 

4. Your Conduct.

4.1 All third-party Content to which you may be linked through this Website is owned or controlled by the relevant third party (the “Content Provider”) and any use by you of such Content or third-party Website is subject to the terms and conditions of the applicable Content Providers and the Intellectual Property Rights laws of the United States or the relevant jurisdiction.  The Content Providers are solely responsible for the Content provided to you through their Websites or services.  Your use of Now City’s Services and Website are subject to all applicable local, state, federal and international laws and regulations.  

4.2 You represent and warrant that you are over the age of 18 and have the right to enter into this Agreement without the need for any approvals from any parent, guardian, or other third party.

4.3 You agree: (1) to comply with U.S. law regarding the transmission of technical data to outside the United States; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; and (5) not to use the Services to collect or harvest personal information, including, without limitation, financial information, about other users of the Services.

4.4 You agree not to transmit through the Services any unlawful, harassing, discriminatory, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, pornographic, or otherwise objectionable material of any kind or nature.  You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law or regulation.  Attempts to gain unauthorized access to other computer systems are prohibited.  You agree not to send transmissions through the Services which attempt to hide your identity or represent yourself as someone else.  If any information provided by you to the Services is found to be incomplete or inaccurate, the Service retains the right to terminate your rights to use the Services.  You will not interfere with another user’s use and enjoyment of the Services or another entity’s use and enjoyment of similar third-party services which may be linked to the Now City Website.

4.5 In addition to any other termination right, Now City may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform within any term or condition of this Agreement.

5. NOW CITY’S Privacy Policy.

Since it is Now City’s policy to respect the privacy of all of its customers, registration data and certain other information about you is subject to our Privacy Policy.  For more information, please see our full Privacy Policy. [HYPERLINK TO PRIVACY POLICY: https://nowcity.co/privacy-policy/].

6. ACKNOWLEDGEMENT.

YOU ACKNOWLEDGE AND AGREE THAT NOW CITY DOES NOT ENDORSE THE INFORMATION OR MATERIALS IN ANY CONTENT OR ANY THIRD PARTY’S CONTENT OR ASSUME ANY RESPONSIBILITY FOR THE VERACITY OR ACCURACY OF ANY SUCH CONTENT, ANY INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS ARISING THEREFROM OR ANY CRIME FACILITATED THEREBY.

7. LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW WITHOUT THE POSSIBILITY OF CONTRACTUAL WAIVER, NOW CITY’S AGGREGATE LIABILITY FOR DAMAGES INCURRED IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, OR STRICT LIABILITY OR ANY FAILURE OF ANY REMEDY TO ACCOMPLISH ITS ESSENTIAL PURPOSE OR OTHERWISE, WILL NOT EXCEED THE AMOUNT OF ONE-THOUSAND DOLLARS ($1,000).  YOU AGREE THAT THE LIMITATIONS IN THIS SECTION ARE ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND NOW CITY AND THAT IN THE ABSENCE OF SUCH LIMITATIONS, THE TERMS WOULD BE SUBSTANTIALLY DIFFERENT.

8. DISCLAIMER OF WARRANTIES.  EXCEPT AS (A) REQUIRED BY APPLICABLE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER, OR (B) EXPRESSLY SET FORTH IN THIS AGREEMENT, NOW CITY’S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”; AND NOW CITY MAKES NO, AND DISCLAIMS ALL, WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER SUCH WARRANTIES AND REPRESENTATIONS ARE EXPRESS OR IMPLIED IN FACT OR BY OPERATION OF LAW, OR OTHERWISE; INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  

9. WAIVER OF CONSQUENTIAL DAMAGES.  EXCEPT TO THE EXTENT PROHIBITED BY APPLICALBE LAW WITHOUT POSSIBILITY OF CONTRACTUAL WAIVER, NOW CITY, INCLUDING NOW CITY’S AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, INVESTORS, LICENSORS, OR ITS SERVICE PROVIDERS, WILL NOT BE LIABLE TO YOU,  CONTENT PROVIDER, OR ANY OTHER USER TO THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY MEMBER, FOR ANY INDIRECT, INCIDENTAL, CONTINGENT, CONSEQUENTIAL, RELIANCE, PUNITIVE, EXEMPLARY, SPECIAL OR SIMILAR DAMAGES; INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR SAVINGS, LOSS OF USE, OR LOSS OR CORRUPTION OF DATA OR RECORDS, WHETHER OR NOT THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

10. INDEMNIFICATION.

You agree to indemnify and hold Now City, its parents, subsidiaries, affiliates, officers, employees, licensors, and users, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Services, your violation of this Agreement, or your infringement of any Intellectual Property Rights or other right of any person or entity through your use of the Services.

11. TERMINATION.

Either you or Now City may terminate the Services with or without cause at any time and effective immediately.  Now City will not be liable to you or any third party for termination of the Services, with or without cause.

12. COPYRIGHTS AND COPYRIGHT AGENTS.

Now City respects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement and appears on our Website, please provide Now City’s copyright agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Website;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Now City’s Copyright Agent for Notice of claims of copyright infringement on its Website is [Insert Name of Designated Agent to Receive Notice] who can be reached as follows:  By mail:

Copyright Agent: John Erik Gillberg

Registration Number: DMCA-1039512

c/o Now City, Inc.

101 Cooper St. Santa Cruz, CA 95060

By phone: (831) 222-0089

By email: [email protected]

13. NOTICE.  All notices to a party will be in writing and will be made either via email or conventional mail.  Now City may broadcast notices, links to notices, or messages through the Service to inform you of changes to this Agreement, the Service, or other maters of importance; such postings will constitute notice under the terms of this Agreement.

14. Governing Law.

14.1 Governing Law. The Agreement will be governed by and construed in accordance with the laws of the United States of America, and the State of California, excluding its conflict of law provisions.  With the exception of Now City’s right to pursue injunctive relief to protect its Intellectual Property Rights, you and Now City agree to submit to the exclusive jurisdiction of the courts located within the County of Santa Clara, California.

14.2 The Services are controlled and administered by Now City in the United States of America. We make no representations that the Services are appropriate or available for use at locations outside the United States. If you access the Website from locations outside of the United States, then you are responsible for your compliance with all applicable laws.

14.3 Where permitted under the applicable law, you agree that each party to a dispute hereunder may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Now City agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

15. GENERAL.

15.1 Headings Not Controlling. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

15.2 Amendments.  In light of the evolving nature of web-based offerings, you agree that Now City may amend this Agreement at any time and in any manner; your use of the Services after any such modification reaffirms your agreement to be bound and to abide by this Agreement as amended.  Now City reserves the right to discontinue the Services.

15.3 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.  Now City’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by Now City in writing.

15.4 Assignment. Now City may assign this Agreement to any third party at its sole discretion.  You will not assign or sublicense the rights granted under this Agreement, without prior written authorization of Now City.

15.5 Causes of Action. You and Now City agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

15.6 Survival. The provisions of Sections 1, 3-11,14 and 15 of this Agreement, as well as any rights, obligations, and duties which by their nature extend beyond the termination of this Agreement, will survive the termination of this Agreement for any reason.

© 2021 Now City Inc. All rights reserved.