Terms and Conditions

 

 

In using this website, you are deemed to have read and agreed to the following terms and conditions. Please read them carefully.

 

 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You”, and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, and “Us”, and “Wayward Nerd” refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation, and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Privacy Statement

We are committed to protecting your privacy. Authorized employees within Wayward Nerd on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. We will investigate any actions with a view to prosecuting or taking civil proceedings to recover damages against those responsible.

 

Confidentiality

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Wayward Nerd will only be in connection with the provision of agreed services and products.

 

Disclaimer/Exclusions and Limitations

The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, Wayward Nerd:

• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things, or you have advised Wayward Nerd of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs, and the data thereon or any other direct or indirect, consequential, and incidental damages.

Wayward Nerd also disclaims any liability resulting from, or caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

 

Use of Content

Wayward Nerd, LLC is the content owner, unless otherwise indicated. Content is protected by U.S. and foreign copyright and trademark laws. If you use the materials or trademarks on this website in a way that is not clearly allowed by these terms and conditions, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this website. Content and features are subject to change or termination without notice in the editorial discretion of Wayward Nerd, LLC. All rights not expressly granted herein are reserved to Wayward Nerd, LLC and its licensors.

 

Except as expressly prohibited on this website, you are permitted to view, copy, print, and distribute documents within this website, such as frequently asked questions, white papers, technical documentation, data sheets, and so on, subject to your agreement that:

 

• Your use of the information is for informational, personal, and non-commercial purposes only.

• You do not modify the content or graphics.

• You do not copy or distribute graphics separate from their accompanying text.

• You do not quote content out of its context.

• You display Wayward Nerd, LLC’s copyright notice and any trademarks on all documents or portions of documents and retain any other copyright and other proprietary notices on every copy you make.

• You agree that Wayward Nerd, LLC may revoke this permission at any time and you will immediately stop your activities related to this permission upon notice from Wayward Nerd, LLC.

• No right, title, or interest in any content is transferred to you.

 

Except in relation to printing or distributing unmodified content from the website, the permission above does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner.

 

User Submissions

You hereby represent and warrant that you have all necessary rights in and to all information you submit to Wayward Nerd. In addition you agree that any information you post in public areas of the website will not:

• use the website or its contents for any commercial purpose;

• infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;

• violate any law, statute, ordinance or regulation;

• be defamatory, libellous, abusive, threatening or harassing;

• be obscene, vulgar, profane, indecent, or contain pornography, child pornography, or photographs of unclothed person(s);

• transmit content that encourages or provides instructional activities about illegal activities, in particular hacking or phishing;

• solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes, or plan or participate in scams involving other users;

• attempt to resell, redistribute, broadcast, or transfer the information or use the information derived from the website in a searchable, machine-readable database;

• use the website to collect personal information about users of the website in violation of our privacy policy;

• contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;

• create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or

• link directly or indirectly to any materials to which you do not have a right to link to or include.

 

Wayward Nerd reserves the right (but not the obligation) to monitor all user postings and to remove any postings, including those which Wayward Nerd considers in our absolute discretion to be offensive or otherwise in breach of these terms and conditions or any applicable law or regulation. You grant Wayward Nerd a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise, commercialize, and exploit the copyright, publicity, and database rights (but no other rights) you have in your submission, in any media now known or not currently known, with respect to your submission.

 

Indemnification

You hereby agree to indemnify and hold harmless Wayward Nerd from and against any claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Wayward Nerd directly or indirectly by reason of: (i) your use of or access to the website; (ii) your violation of these terms and conditions; (iii) any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account; (iv) from any transaction you conduct as a result of the contact facilitated by the website; (v) from your property posted on the website; or (vi) from your infringement of any intellectual property rights in any posting to or transmission via the website.

 

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Wayward Nerd will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 

Feedback, Comments and Ideas

Please be aware that if you transmit any ideas, information, concepts, comments, feedback, notes, messages, know-how, or techniques or materials to us through this website, your submissions will become Wayward Nerd’s exclusive property and can be used by Wayward Nerd or our affiliates for any purpose without compensation to you.

 

You also agree that immediately upon the creation by or on behalf of Wayward Nerd of any derivative works from, modifications, edits, or other changes to the materials you transmit to us through this website (the modified content), the modified content will become the sole and exclusive property of Wayward Nerd and that Wayward Nerd will own the entire right, title, and interest in and to the modified content, including the right to secure copyright registration for the modified content and to otherwise use the modified content for any purpose as determined by Wayward Nerd in our sole discretion. You hereby grant, assign, transfer, and convey any right, title or interest you have or may be deemed to have in and to the modified content to Wayward Nerd.

 

Trademark and Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to Wayward Nerd’s services and the full content of this website. Wayward Nerd’s name and logo are federally registered trademarks. Any unauthorized use of Wayward Nerd’s intellectual property will be vigorously protected and prosecuted to the fullest extent of the law.

 

Communication

All contact information can be found on our Contact Us link on our website.

 

Force Majeure

Neither party will be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party, including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by the event must forthwith inform the other Party and must use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

 

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder will not constitute a waiver thereof and will not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement will be effective unless it is expressly stated and signed by both Parties.

 

General

The laws of the State of Minnesota govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the Minnesota courts in all disputes arising out of the access. If any of these terms are held invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Wayward Nerd to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, will not be construed as waiver of the provisions and will not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions cannot be amended, modified, varied, or supplemented except in writing and signed by duly authorized representatives of Wayward Nerd.

 

Notification of Changes

Wayward Nerd reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

 

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website or undertaking of a booking or Agreement indicates your understanding, agreement to, and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.   

 

© 2017 Wayward Nerd. All rights reserved.