YOU AGREE THAT BY USING THE SITE AND THE SERVICES THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. If you are under 18, or not able to legally enter into a contract, you should not use this website. You agree that using the Nasty Client website services with or without paying for the membership service price provides you with sufficient consideration to contractually require you to abide by all the terms and conditions herein and through the use of the website, that you are entering into a contract with Nasty Client to abide by such terms and conditions.
Accuracy, Completeness and Timeliness of Information on This Site
Website updates can have significant lag time. Therefore, Nasty Client is not responsible if information made available on this site is not accurate, complete or current at the time of your viewing. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. We reserve the right to change information on this site without giving notice to you. You agree that it is your responsibility to monitor changes to the site, including any updates to these Terms and Conditions, which may occur without any prior notice to you.
Use of Materials on the Site
All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of, and owned by, Nasty Client, LLC its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the site, including but not limited to the modification, distribution, indexing, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to Nasty Client, is expressly prohibited. You agree to abide by all additional restrictions displayed on the site as it may be updated from time to time. Nasty Client reserves the right to refuse or cancel any person’s registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever. Nasty Client, or its licensors or content providers, retain full and complete title to the material provided on the site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Nasty Client’s sole discretion. Nasty Client neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with Nasty Client.
You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to use any of the concepts, ideas, images, or any other information obtainable from the website to participate in any business venture that would compete with the Nasty Client business model. You agree not to interrupt or attempt to interrupt the operation of the site in any way. Nasty Client reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Nasty Client may be entitled at law or in equity.
Materials You Submit
You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
Conduct on the Site
Some features that may be available on this site require registration. By registering at and in consideration of your use of the site you agree to provide true, accurate, current and complete information about yourself.
Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Nasty Client immediately. Nasty Client may assume that any communications Nasty Client receives under your password have been made by you unless Nasty Client receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame or index this site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, Nasty Client. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without Nasty Clients’ express written consent. Further, you may not utilize any site content in any meta tags or any other “hidden text” techniques or technologies without Nasty Client’s express written consent.
Ask the Attorney
Ask the Attorney is a blog that allows Users to submit questions about legal issues to Nasty Client, who in turn, requests a response from a real attorney. The purpose of this service is to provide an opportunity for popular legal issues to be addressed superficially for entertainment purposes and to invoke insight as to some of the issues that affect so many of our Users. No real issue can be expected to be resolved with this service and you agree that you have no such expectations on which you will rely. THE ADVISE THAT IS POSTED IS PRESENTED SECOND HAND THROUGH NASTY CLIENT WHO IS NOT A LAW FIRM AND CANNOT GIVE LEGAL ADVISE. THEREFORE, ANY RESPONSE POSTED IN THE ASK THE ATTORNEY SECTION IS NOT LEGAL ADVISE AND SHOULD NOT BE TAKEN AS SUCH. Using the Ask the Attorney service is an express waiver of any User that (i) no legal advice is being sought or given, (ii) that you are not relying on any information received from this section, and (iii) that no business or legal relationship is being created by your use of the information or the website service.
Links to Other Websites
This site may contain links to other Web sites, some of which may be operated by Nasty Client or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement by Nasty Client of the content of those linked sites. Different terms and conditions may apply to your use of any linked sites. Nasty Client is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Trademarks and Copyrights
Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of Nasty Client, LLC, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. Nasty Client reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
To be effective, your notification must (i) be in writing, (ii) be provided to our office at the below address, and (iii) include substantially the following:
- The name, address and phone number of the person or entity providing notice to Nasty Client
- A description of the reason for the notice
- Pertinent names, dates, point of contact information and amounts involved in the reason for notice
- A detailed request for action by Nasty Client, if applicable
All Notices, including those of infringement issues are to be sent in writing by US Mail, Certified, Return Receipt Requested (the return receipt of which is required for proof of service) sent to:
Nasty Client, LLC
148 E. Street Rd. Suite 120
Feasterville, PA 19053
We respect the intellectual property rights of others and request that you do the same. You are hereby informed that Nasty Client has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Nasty Client system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our office.
Infringement Notices require addition information. To be effective, your notification must (i) be in writing, (ii) be provided to our office, and (iii) include substantially all of the following:
- The name, address, and phone number of the allegedly harmed person or entity
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site
- 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 the service provider to locate the material
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted
- A statement that the complaining party 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nasty Client is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this site, including material you provide to us, and so we have an absolute right to remove any material from the site in our sole discretion at any time.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW:
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME, BUT WOULD ONLY CHARGE A PRORATED AMOUNT.
NASTY CLIENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM NASTY CLIENT OR THROUGH OR FROM ANY SECTION OF THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. NASTY CLIENT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT A MINIMUM PRICE FOR YOUR CONVENIENCE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NASTY CLIENT NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGE ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, GEAS REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NASTY CLIENT, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGE OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLED AND AGREE THAT NEITHER NASTY CLIENT NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH NASTY CLIENT IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND NASTY CLIENT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL NASTY CLIENT, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF NASTY CLIENT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
To the fullest extent permitted by law:
Nasty Client and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to all of the following:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory
- claims that arose before these or any prior Terms (including, but not limited to, claims relating to advertising)
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class
- claims that may arise after the termination of these Terms
For the purposes of this Arbitration Agreement, references to “Nasty Client,” “you,” and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms of any prior agreements between us.
This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Nasty Client are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
A party who intends to seek arbitration must first send a written Notice of Dispute (“Notice”) to the other party, as described in the Notice section above. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Nasty Client and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Nasty Client may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Nasty Client or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Nasty Client is entitled.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer related Disputes (collectively, the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by these Terms, and will be administered by the AAA. It is mutually agreed that the state law applicable shall be that of Pennsylvania and the venue shall be Philadelphia, Pennsylvania unless otherwise mutually agreed upon in writing. The AAA Rules are available online at 222.adr.org or by calling the AAA at 1-800-778-7879.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND NASTY CLIENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees for any action for all levels of dispute resolution. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and Nasty Client agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction. The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement is void or voidable. If this specific proviso is found to be unenforceable, it is severable from the rest of the arbitration agreement.
Alternative Jurisdiction and Applicable Law
Entire Agreement and Admissibility
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place and if possible, the offending language is to be modified to conform with the law while preserving Nasty Client’s intent of the language to the fullest extent possible.
How to Contact Us
- Emailing us at: firstname.lastname@example.org
- Writing us at:
Corporate Trademark Department
Nasty Client, LLC
148 E. Street Rd. Suite 120
Feasterville, PA 19053
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