NUUVIO, INC. TERMS OF USE
September 25, 2009
This Nuuvio, Inc. Terms of Use Agreement (this "Agreement") is a legal agreement between you and Nuuvio, Inc. ("Nuuvio", "we", "us" or "our") providing, among other things, the terms and conditions for your use of Nuuvio’s services that are delivered via the Nuuvio site http://www.spot411.com (the "Site"), delivered via the Nuuvio downloadable user applications ("Software"), and otherwise delivered to mobile devices and computers (collectively, the "Service") through the platform technology (“Platform”) commonly referred as Spot411, a trademark licensed by Spot411 Holdings, LLC (“Spot411”). This Agreement, which by this reference incorporates the Nuuvio Privacy Policy available at www.spot411.com/legal/nuuvio_privacy, and the Spot411 Privacy Policy at www.spot411.com/legal/spot411_privacy, is for the benefit of Nuuvio and Nuuvio’s licensors, subsidiaries, affiliates, distributors and suppliers (each, including Nuuvio and Spot411, a “Covered Person”).
BY USING THE SERVICE YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE OR CANNOT COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SERVICE, INCLUDING BUT NOT LIMITED TO THE SOFTWARE OR THE SITE, AND DO NOT ACCESS THE PLATFORM. Nuuvio may from time to time modify these terms of use and will post a copy of the amended Agreement on the Site at http://www.spot411.com/legal/terms. If you do not agree to, or cannot comply with the Agreement as amended, you must stop using the Service and refrain from accessing the Platform. You will be deemed to have accepted the Agreement as amended if you continue to use the Service or access the Platform after any amendments are posted on the Site.
1. AUTHORIZED USERS. The Service is intended solely for users located in the United States who are 13 years of age or older. If you are not located in the United States or if you are under the age of 13, you are not permitted to use the Service. IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS OR LEGAL GUARDIAN. THE SERVICES ARE NOT DESIGNED TO ATTRACT CHILDREN UNDER THE AGE OF 13 AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN THROUGH OUR SERVICE.
2. USER ACCOUNT; REGISTRATION. Some areas or features of the Service require you to become a registered user and have an account registered through the Service (“User Account”). When you register for a User Account, you provide us and Spot411 with certain information including, without limitation, name, email address, age, and a password chosen by you (collectively, the “Registration Data”) that identifies you to Nuuvio and Spot411. The Registration Data submitted by you will be used in accordance with the Nuuvio’s Privacy Policy. By creating a User Account, you agree to: (i) provide accurate, current, and complete Registration Data about you as may be prompted by any registration forms on the Site or through the Software, and to keep the Registration Data current and complete; (ii) maintain the security of your User Account password and identification and not disclose your password to any third party; and (iii) be fully responsible for all use of your account and for any actions that take place using your User Account. You understand and acknowledge that you have no ownership rights in your User Account, and that if you cancel your User Account or if your User Account is deactivated for any reason, you may lose all your account information retained by the Service, including but not limited to User Account profiles, saved items, and configurations; all of which will be marked as deactivated and may be deleted from our databases, excepting residual information that may stay in back-up versions. UPON CANCELLATION YOU WILL LOSE ALL PRIVILEGES OF BEING A REGISTERED USER. User Accounts may be deactivated after a period of [90] days of no User Account activity, at which time the user who is associated with the deactivated User Account ceases to be a Registered User.
3. LICENSE GRANT. Subject to the terms and provisions of this Agreement, and so long as you fully comply at all times with this Agreement, Nuuvio grants you a non-exclusive and limited license to use the Service on a single computer or device (as applicable) for personal and internal business purposes. This Agreement will also govern any software upgrades provided by Nuuvio that replace and/or supplement the original Software, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. In exercising your limited rights hereunder, you shall comply at all times with all applicable laws, regulations, ordinances, and statutes.
4. USE OF THE SERVICE. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that Nuuvio and/or any Covered Person shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Any descriptions of content that may be viewed or otherwise made available through the Service are provided for convenience, and you acknowledge and agree that Nuuvio does not guarantee the accuracy of such descriptions.
Nuuvio and its licensors reserve the right to change, suspend, remove, or disable access to the Service or any feature thereof, at any time without notice. In no event will Nuuvio or any Covered Person be liable for any removal of or disabling of access to any portion of the Service or the Platform. Nuuvio may also impose limits on the use of the Service or access to Nuuvio’s computers or communications networks (which may be required to operate the Software as intended), in any case and without notice or liability.
5. PROHIBITED CONDUCT. You must use the Service or access the Platform only in a manner that is consistent with its intended purpose and only for lawful purposes. You shall not use the Service or Platform in order to transmit, distribute or store material: (i) that would constitute, encourage, promote, facilitate or instruct others to engage in illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (ii) that may adversely affect the Service, the Platform, Nuuvio, Covered Persons or any Nuuvio customers; (iii) that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; or (iv) that may expose Covered Persons, Nuuvio or its licensors to criminal or civil liability. You are prohibited from facilitating the violation of any part of this Agreement or another provider's terms of use, including, but not limited to transmitting, distributing, or otherwise making available any product, service, or content that violates this Agreement or another provider's terms of use.
a. Inappropriate Content. You shall not use the Service or Platform to transmit, distribute or store material that, as reasonably determined by Nuuvio, is inappropriate, obscene, abusive, harassing, unlawful, invasive of privacy or publicity rights, defamatory, libelous, threatening, abusive, hateful, or otherwise objectionable, including any material that promotes hate, violence, racial intolerance, or the financial exploitation of a crime.
b. Intellectual Property. You shall not use the Service or Platform in any manner that would infringe, dilute, misappropriate, or otherwise violate any privacy, publicity, or other personal rights and intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. You further agree that you shall not (i) remove or alter any notices or other markings or legends, such as trademark or copyright notices, affixed on or within the Service or through the Platform; (ii) rent, sell, lease, sublicense or commercially exploit the Service or Platform; (iii) disassemble, reverse engineer, decompile, modify or alter the Service, Platform or any portion thereof; (iv) reproduce or copy the Service or Platform; (v) publicly display the Service or Platform; (vi) prepare or develop derivative works based upon the Service or Platform.
c. Harmful Actions and Content. You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Service or Platform. You shall not use the Service or Platform to transmit, distribute or store material that may be harmful to or interfere with the Service, Platform or any third party's networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of Platform or any computer software or hardware or telecommunications equipment.
d. Fraudulent/Misleading Content. You shall not use the Service or Platform to impersonate any person or entity, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”). You shall not use the Service or Platform to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations.
e. Unsolicited Communications. You shall not use the Service or Platform to transmit unsolicited e-mail or other messages, including, without limitation, unsolicited bulk email, where such emails could reasonably be expected to provoke complaints ("Spam"). Further, you shall not use the service of another provider to send Spam to promote the Service, Platform, or any portion thereof. In addition, you shall not use the Service or Platform in order to (a) send e-mail or other messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail or other messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail or other messages with forged TCP/IP packet header information or other misleading sender information, (d) send malicious e-mail, including, without limitation, "mail-bombing", or (e) send or receive e-mail or other messages in a manner that violates the use policies of any other Internet service provider.
6. RESPONSIBILITY FOR CONTENT. Nuuvio takes no responsibility for any material created or accessible on or through the Service or Platform. Except as may be provided otherwise herein, Covered Persons are not responsible for any material created or accessible on or through the Service or Platform. You understand that all information which you may have access to through your use of the Service or the Platform is the sole responsibility of the person or entity from which such content originated. Content provided to Nuuvio or Covered Persons is not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and as such they are not responsible for any content provided to them, including without limitation, the subject matter, accuracy, offensiveness, opinions, reliability, and any links contained within such content. Use of any websites or services reached through the Service and Platform is subject to the terms of use presented on such website or service. You use the Service, Platform, and access any content through the Service or Platform, at your own risk. In the event that Nuuvio becomes aware that any content available through the Service may violate this Agreement and/or expose Nuuvio or any Covered Person to civil or criminal liability, Nuuvio reserves the right to block access to such material and suspend or terminate any user creating, storing or disseminating such material. Nuuvio further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the user that Nuuvio deems responsible for the wrongdoing.
To the extent that you provide any content through the Service or Platform, including without limitation, text, images, audio, video, website addresses or otherwise, you represent, warrant, and agree that you have the right to make such content available and that it will not violate or infringe upon the rights of any third party, including without limitation copyright, trademark, privacy, publicity, attorney-client privilege, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. By submitting or directing the Service or Platform to use such content, you grant Nuuvio, Covered Persons, and their parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, royalty-free, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote such content through the Service or Platform.
7. ACTIVITIES REQUIRING APPROVAL. You must first obtain Nuuvio’s written approval before using the Service or Platform in any manner that involves gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes. Your request to use the Service or Platform in such a manner must be accompanied by adequate supporting documentation that the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
8. OWNERSHIP. Nuuvio, its licensors and suppliers own all intellectual property in the Service and Platform. The structure, organization and code of the Software and Platform are the valuable trade secrets and confidential information of Nuuvio and its licensors. The Service and Platform is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Service (including but not limited to the Software) or the Platform and all rights not expressly granted are reserved by Nuuvio and its licensors. You agree that the materials made available through the Service or Platform, including but not limited to graphics, audio clips, and editorial content, may contain proprietary information and material that is owned by Nuuvio, its licensors or other third parties, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except as permitted for use with the Service by this Agreement and applicable law.
9. PERFORMANCE AND USAGE INFORMATION. Portions of the Service or Platform might be configured to automatically report back information relating to computer errors arising in connection with use of the Service or Platform, without notice to you. Information on your configuration settings for the Software or Site may be included. This data, if sent, is used by Nuuvio and/or its licensors to help diagnose performance issues with, and improve the Service or Platform. Portions of the Service or Platform may also provide Nuuvio and its licensors with anonymous information about use of Service features or the Platform. Nuuvio and its licensors use this information in the aggregate to determine which features and buttons are most popular and useful to its users. The Software may contain a specific identification number for the purpose of tracking the number of unique instances of the Software in use. Information collected by Nuuvio shall be used in accordance with Nuuvio’s Privacy Policy and Spot411’s Privacy Policy.
10. PRIVACY POLICY. You agree to the Nuuvio Privacy Policy and Spot411 Privacy Policy, as they may be updated from time to time, and which are made available at http://www.spot411.com/legal/nuuvio_privacy; and http://www.spot411.com/legal/spot411_privacy, respectively. When changes are made to these privacy policies, a new version and date will be posted on the above referenced websites. It is your responsibility to ensure that you understand the terms of these privacy policies, so you should periodically check the current version of the policies for changes.
11. PROTECTING COPYRIGHT; DIGITAL MILLENNIUM COPYRIGHT ACT. We respect the intellectual property rights of others and as a condition of your use of the Service or Platform, you agree not to use the Service or Platform in a manner that would infringe the intellectual property rights of others in any way. The unauthorized posting, reproduction, copying, distribution, modification, public display, or public performance of copyrighted works constitutes infringement of the copyright of owners’ rights and is strictly prohibited.
a. Our Designated Agent to Receive Notifications of Infringement Under the DMCA. If any copyrighted work is made available on or through the Service or Platform in violation of a copyright, the owner of such copyright may provide Nuuvio with a written communication or notice pursuant to the Digital Millennium Copyright Act ("DMCA") 17 U.S.C. § 512(c)(3) (the “DMCA Notice”). The DMCA Notice should be sent to Ajay Shah, who is our “Designated Agent” and can be contacted as follows:
• By Mail: 144 N. Orange Street, Orange, CA 92866 or by email.
b. Notice of Infringement. The DMCA Notice to the Designated Agent should include the following:
i. Signature of Copyright Owner or Agent - A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the Copyrighted Material - Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
iii. Identification of the Allegedly Infringing Material - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv. Contact Information - Information reasonably sufficient to permit us to contact the sender of the DMCA Notice, such as an address, telephone number, and, if available, an electronic mail address at which the sender may be contacted.
v. Good Faith Belief of Infringement - A statement that the sender of the DMCA Notice has 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.
vi. Accuracy and Authority - A statement that the information in the DMCA Notice is accurate, and under penalty of perjury, that the sender of the DMCA Notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that a sender of a DMCA Notice may be liable for damages, including court costs and attorneys fees, if the sender materially misrepresent that content on the Site and/or content made available by the Service or through Platform infringes upon the copyright of another.
c. Counter-Notice. If you believe in good faith that a DMCA Notice of copyright infringement has been wrongfully filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must be sent to our Designated Agent and must include the following:
i. Your Signature - A physical or electronic signature of the user who the claim of infringement is made against.
ii. Identification of Removed/Blocked Material - 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 to it was disabled.
iii. Your Good Faith Belief - A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
iv. Your Contact Information, Acceptance of Jurisdiction and Service of Process – Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Orange County, California, and a statement that you will accept service of process from the person who provided the DMCA Notice of the alleged infringement.
d. Termination Under Our DMCA Policy. In accordance with the DMCA and other applicable law, it is Nuuvio’s policy to terminate, in the appropriate circumstances and at Nuuvio’s sole discretion, access to the Service or Platform for any user who has been found to violate copyright law by posting or otherwise making material available on or through the Service or Platform, in a way that infringes upon the intellectual property rights of others, whether or not there has been repeated infringement by such user.
12. NO SUPPORT OR UPGRADE OBLIGATIONS. Nuuvio is not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the Service or Platform, or portions thereof.
13. SUSPENSION; TERMINATION. This Agreement automatically terminates if you fail to comply with the terms hereof or if you attempt to assign this Agreement or transfer the Software to a third party except as expressly permitted in this Agreement. Upon termination, you must stop all use of the Service and Platform and must destroy all copies of the Software that are in your possession. All provisions of this Agreement, except for Sections 1-4 above, survive the termination of this Agreement. Nuuvio may take any technical remedies to prevent any materials prepared in violation of this Agreement from entering, utilizing, or remaining within Nuuvio’s computer or communications networks. Nuuvio may take such further action as Nuuvio determines to be appropriate under the circumstances to eliminate or preclude repeat violations. Neither Nuuvio nor any Covered Person shall be liable for any damages of any nature suffered by you, or any third party resulting in whole or in part from Nuuvio’s exercise of its rights under this Agreement.
14. YOUR REPRESENTATIONS. You represent and warrant that you have adequate legal capacity to enter into this Agreement, that you will use the Service and/or Platform only for lawful purposes and that you will not violate the terms of this Agreement.
15. DISCLAIMER OF WARRANTY. THE SERVICE, THE PLATFORM AND ANY CONTENT ACCESSED IS EACH PROVIDED ON AN "AS IS" BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. NUUVIO ON ITS OWN BEHALF AND ON BEHALF OF EACH COVERED PERSON, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. NUUVIO ON ITS OWN BEHALF AND ON BEHALF OF COVERED PERSONS, DISCLAIMS THAT THEY DO NOT WARRANT THAT THE SERVICE OR PLATFORM WILL OPERATE ERROR-FREE OR THAT THE SERVICE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORT AND COST OF ANY SERVICE AND REPAIR IS WITH YOU. You bear the entire risk as to selecting the SERVICE OR ACCESSING THE PLATFORM for your purposes and as to the quality and performance of the SERVICE OR PLATFORM. This limitation will apply notwithstanding the failure of essential purpose of any remedy. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.
16. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ANY COVERED PERSON BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE OR PLATFORM, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE OR THE PLATFORM, FROM INABILITY TO USE THE SERVICE OR THE PLATFORM, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF YOUR USE OF THE SERVICE OR THE PLATFORM. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Regardless of the previous paragraph, if ANY COVERED PERSON IS found to be liable, such liability to you or any third party is limited to the greater of the total fees you paid to nuuvio for USE OF THE SERVICE (if any) or $10.00. covered personS ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH THE SERVICE, THE PLATFORM AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
17. INDEMNITY. You agree to indemnify, defend, and hold harmless, each Covered Person, and each of their managers, members, shareholders, directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any content you share or otherwise make available to other by using the Service or the Platform, your use or misuse of the Service or the Platform, or any breach and/or violation by you of this Agreement or of any law or the rights of any third party. Each Covered Person reserves the right, at such Covered Person’s expense, to assume the exclusive defense and control of any matter (with respect to such Covered Person) otherwise subject to indemnification by you, in which event you will cooperate with such Covered Person in asserting any available defenses.
18. CALIFORNIA RESIDENTS. If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
19. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES. You agree that the laws of the State of California govern this contract and any claim or dispute that you may have against a Covered Person, without regard to California's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against a Covered Person will be resolved by a court located in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST A COVERED PERSON BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF CALIFORNIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH A COVERED PERSON; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF CALIFORNIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
20. EXPORT CONTROL. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software for any purposes prohibited by United States law.
21. SUBMISSIONS. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service or Platform ("Submissions"), provided by you to us are non-confidential and shall become the sole property of Nuuvio or its licensors. Nuuvio or its licensors shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
22. GENERAL TERMS. If any part of this Agreement is held invalid or unenforceable, that part shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. Nuuvio and any other Covered Person may assign this Agreement or rights hereunder (as applicable) to any entity at its sole discretion and without notice to you. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. This Agreement constitutes the entire agreement between you and Nuuvio concerning the subject matter of this Agreement, which may only be modified by Nuuvio.
23. THIRD PARTY BENEFICIARIES. You agree that each Covered Person is a third party beneficiary of your obligations hereunder and Nuuvio may provide Covered Persons with a right to enforce this Agreement against you.
24. CONTACT US. If you need to contact us regarding this Agreement, please contact us.
