Legal

The Nerdel Company and Nerdel.com WEBSITE TERMS OF SERVICE AGREEMENT

PLEASE READ THIS:

Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE AND USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
This Terms of Service and Use Agreement (”Agreement”) is made by and between The Nerdel Company, LLC, it’s website Nerdel.com, and The Nerdel News (hereinafter “ The Nerdel Company and Nerdel.com”) and you (hereinafter “you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Web Site.
BY CLICKING THE “I AGREE” BUTTON OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER THE NERDEL COMPANY AND NERDEL.COM SOFTWARE, SERVICES, WEBSITES OR ANY OF THE NERDEL COMPANY AND NERDEL.COM’S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE. THE NERDEL COMPANY AND NERDEL.COM RESERVE THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN THE NERDEL COMPANY AND NERDEL.COM’S SOLE DISCRETION.
CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF SERVICE” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE NERDEL COMPANY AND NERDEL.COM WEBSITE.
ACCESS TO THIS SITE To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It
is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If The Nerdel Company and Nerdel.com believe the
information you provide is not correct, current, or complete, The Nerdel Company and Nerdel.com have the right to refuse you access to this site or any of its resources, and to
terminate or suspend your access at any time.
RESTRICTIONS ON USE You may use this site for purposes expressly permitted by this site. As a condition of your use of The Nerdel Company and Nerdel.com’s website(s),
you warrant to The Nerdel Company and Nerdel.com that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example,
you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized
representative of The Nerdel Company and Nerdel.com. For purposes of these Terms of Service, “co-branding” means to display a name, logo, trademark, or other means of attribution or
identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content
accessible within this site. You agree to cooperate with The Nerdel Company and Nerdel.com in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
In addition, you may not use The Nerdel Company and Nerdel.com’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally
made available or provided for through the website(s).
PERSONAL AND NON-COMMERCIAL USE LIMITATION The Nerdel Company and Nerdel.com’s website(s) are for your personal and non-commercial use, unless otherwise specified.
You may not use this site for any other purpose, including any commercial purpose, without The Nerdel Company and Nerdel.com’s express prior written consent. You may not modify, copy,
distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or
otherwise connected to The Nerdel Company and Nerdel.com’s websites.
PROPRIETARY INFORMATION The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by The Nerdel Company
and Nerdel.com (the “Content”) are the proprietary information of The Nerdel Company and Nerdel.com or the party that provided or licensed the Content to The Nerdel Company
and Nerdel.com, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted,
or transmitted in any way without the prior written consent of The Nerdel Company and Nerdel.com, except that you may print out a copy of the Content solely for your personal use. In doing
so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the
Content. Modification or use of the Content except as expressly provided in these Terms of Service violates The Nerdel Company and Nerdel.com’s intellectual property rights. Neither
title nor intellectual property rights are transferred to you by access to this site.
TRADEMARKS AND COPYRIGHTS All trademarks, service marks and trade names of The Nerdel Company used in the site are trademarks or registered trademarks of The Nerdel Company. Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of The Nerdel Company and Nerdel.com or the party that provided the trademarks, services marks, logos, and copyrighted works to The Nerdel Company and Nerdel.com. The Nerdel Company and Nerdel.com and any party that provided trademarks, service marks, logos, and copyrighted works to The Nerdel Company and Nerdel.com retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
All contents of The Nerdel Company and Nerdel.com’s websites are: Copyright © 2008, 2009, 2010 The Nerdel Company and/or its suppliers, The Nerdel Company, LLC, 1000 West McNab Road, Pompano Beach, FL 33069 All rights reserved.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
1. Copyright
  The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is
  the property of The Nerdel Company. The collective work includes works that are licensed to The Nerdel Company. Copyright © 2008, 2009, 2010 The Nerdel Company ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Nerdel Company or purchasing The Nerdel Company products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Nerdel Company or to purchase The Nerdel Company products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Nerdel Company. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
HYPER-LINKS In an attempt to provide increased value to our visitors, The Nerdel Company may link to sites operated by third parties. However, even if the third party is
affiliated with The Nerdel Company, The Nerdel Company has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Nerdel Company. These linked sites are only for your convenience and therefore you access them at your own risk. This site may be hyper-linked to other sites which are not maintained by, or related to, The Nerdel Company and Nerdel.com. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or The Nerdel Company and Nerdel.com. The Nerdel Company and Nerdel.com have not reviewed any or all of such sites and are not responsible for the content of those sites. The Nerdel Company and Nerdel.com are not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user’s own risk, and The Nerdel Company and Nerdel.com make no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. The Nerdel Company and Nerdel.com provide hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by The Nerdel Company and Nerdel.com of that site or any association with its operators. . Nonetheless, The Nerdel Company seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
USE OF COMMUNICATION SERVICES The Nerdel Company and Nerdel.com’s web site(s) may offer features that enable users or visitors (a) to submit, post, display and/or view
User-Generated Content and/or (b) to communicate, share or exchange User-Generated Content with other The Nerdel Company and Nerdel.com users, visitors and members of the general public including, without limitation, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, e-mail function, including, but not limited to, electronic greeting cards and send-a-friend e-mails (collectively, “Communications Services”). You agree to use the Communication Services only to post,
send and receive messages and content that are proper and related to the particular Communication Service.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Nerdel
Company or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through
the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or
encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use
the site to solicit others to join or become members of any other commercial online service or other organization.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:
1. you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property
  laws (or by rights of privacy or publicity);
2. advocates illegal activity or discusses an intent to commit an illegal act;
3. is vulgar, obscene, pornographic, or indecent;
4. does not pertain directly to this site;
5. threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
6. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
7. harvests or otherwise collects information about others, including e-mail addresses, without their consent;
8. violates any law or may be considered to violate any law;
9. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
10. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained
  in a file that is permissibly uploaded;
11. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying
  sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
12. solicits funds, advertisers or sponsors;
13. includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of
  any computer software or hardware or telecommunications;
14. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people
  to engage in real time activities via this site;
15. includes MP3 format files;
16. amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;
17. disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
18. contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
The Nerdel Company and Nerdel.com reserve the right to monitor use of this site to determine compliance with these Terms of Service, as well as the right to remove or refuse any information for any reason. The Nerdel Company and Nerdel.com reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. The Nerdel Company and Nerdel.com also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither The Nerdel Company and Nerdel.com nor any third party that provides Content to The Nerdel Company and Nerdel.com will assume or have any liability for any action or inaction by The Nerdel Company and Nerdel.com or such third party with respect to any submission. The Nerdel Company and Nerdel.com cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. The Nerdel Company and Nerdel.com does not control or endorse the content, messages or information found in any Communication Service and, consequently, The Nerdel Company and Nerdel.com specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized “The Nerdel Company and Nerdel.com” spokespersons, and their views do not necessarily reflect those of The Nerdel Company and Nerdel.com.
PARTICIPATION DISCLAIMER The Nerdel Company does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in
any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Nerdel Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However,
The Nerdel Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Nerdel Company in its sole discretion.
USER SUBMISSIONS You hereby grant to The Nerdel Company and Nerdel.com the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use,
edit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, artwork, stories or
other information of any nature communicated to The Nerdel Company and Nerdel.com through this site (together, the “Submission”), and to incorporate any Submission in other
works in any form, media, or technology now known or later developed. The Nerdel Company and Nerdel.com will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future The Nerdel Company and Nerdel.com operations.

The Nerdel Company and Nerdel.com will treat any personal information that you submit through this site in accordance with its Privacy Policy
http://blog.nerdel.com/legal/privacy-policy/
DISCLAIMER You understand that The Nerdel Company and Nerdel.com cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of
viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. The Nerdel Company and Nerdel.com do not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by The Nerdel Company and Nerdel.com.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE NERDEL COMPANY AND NERDEL.COM DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE NERDEL COMPANY AND NERDEL.COM DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NERDEL COMPANY AND NERDEL.COM DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE NERDEL COMPANY AND NERDEL.COM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE NERDEL COMPANY AND NERDEL.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. THE NERDEL COMPANY AND NERDEL.COM MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and The Nerdel Company
and Nerdel.com do not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.
LIMITATION ON LIABILITY THE NERDEL COMPANY AND NERDEL.COM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE NERDEL COMPANY AND NERDEL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE NERDEL COMPANY AND NERDEL.COM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE NERDEL COMPANY AND NERDEL.COM FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
TYPOGRAPHICAL ERRORS In the event that a The Nerdel Company product is mistakenly listed at an incorrect price, The Nerdel Company reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. The Nerdel Company reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Nerdel Company shall issue a credit to your credit card account in the amount of
the incorrect price.
TERMINATION OR RESTRICTION OF ACCESS These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process.
These terms and conditions, or any part of them, may be terminated by The Nerdel Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.The Nerdel Company and Nerdel.com reserve the right, in its sole discretion, to terminate your access to any or all of The Nerdel Company and Nerdel.com’s web sites and the related services or any portion thereof at any time, without notice.
INDEMNITY You agree to and will indemnify, defend, and hold harmless The Nerdel Company and Nerdel.com, its subsidiaries, affiliates, licensors, content providers, service
providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) (collectively the “Service Providers”), from any breach of these Terms of Service by
you, including any use of Content other than as expressly authorized in these Terms of Service. You agree that the Indemnified Parties will have no liability in connection with any such breach
or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. You agree to and will indemnify, defend, and hold harmless The Nerdel Company, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”)
from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your
account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
SECURITY Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). The Nerdel Company and Nerdel.com
will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that The Nerdel Company and Nerdel.com consider insecure, The Nerdel Company and Nerdel.com will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system
security, The Nerdel Company and Nerdel.com reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. The Nerdel
Company and Nerdel.com reserve the right to investigate suspected violations of these Terms of Service.

The Nerdel Company and Nerdel.com reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing The Nerdel Company and Nerdel.com to
disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service. BY ACCEPTING
THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE NERDEL COMPANY AND NERDEL.COM FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE NERDEL COMPANY AND NERDEL.COM DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE NERDEL COMPANY AND NERDEL.COM OR LAW ENFORCEMENT AUTHORITIES.
MISCELLANEOUS These Terms of Service will be governed and interpreted pursuant to the laws of Florida, United States of America, notwithstanding any principles of
conflicts of law. You specifically consent to personal jurisdiction in Florida in connection with any dispute between you and The Nerdel Company and Nerdel.com arising out of these Terms
of Service or pertaining to the subject matter hereof. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these
Terms of Service will be in the state and federal courts in Hollywood, Florida, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods.

Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Nerdel Company products) must be commenced within one (1) year after
the claim or cause of action arises. The Nerdel Company’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
The Nerdel Company may assign its rights and duties under this Agreement to any party at any time without notice to you.

If any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Nerdel Company and Nerdel.com as a result of this agreement or use of The Nerdel Company and Nerdel.com’s websites.

These Terms of Service constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written between the user and The Nerdel Company and Nerdel.com with respect to The Nerdel Company and Nerdel.com’s web sites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to
the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

Notice

The Nerdel Company may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Nerdel Company.

THE NERDEL COMPANY AND NERDEL.COM MAY REVISE THESE TERMS OF SERVICE AT ANY TIME BY UPDATING THIS POSTING.

Privacy Policy

What information do we collect?

We collect information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey or communication such as e-mail, or participate in another site
feature.

When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.

We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes.

Like many websites, we use “cookies” to enhance your experience and gather information about visitors and visits to our websites. Please refer to the “Do we use ‘cookies’?” section below for information about cookies and how we use them.

How do we use your information?

We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To allow us to better service you in responding to your customer service requests.
To quickly process your transactions.
To administer a contest, promotion, survey or other site feature.
If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the “How can you opt-out, remove or modify information you have provided to us?” section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and ‘members-only’ content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

Collection of Information & Use Thereof
1. Personal Information Collection.
  1. General Practice. It is The Nerdel Company and Nerdel.com’s policy to respect and protect the privacy of visitors to The Nerdel Company and Nerdel.com’s Web site. Accordingly, The Nerdel Company and Nerdel.com DO NOT extract without permission personal information about its visitors or their computer at any time while on The Nerdel Company and Nerdel.com’s Web site. The Nerdel Company and Nerdel.com will, however, analyze information about our visitors as a group to make our Web site better, but visitors are not individually identified when we do this.
  2. Collection and Use of Personal Information.The Nerdel Company and Nerdel.com will collect personal information such as names, home addresses, e-mail addresses, age, etc., but only when a visitor voluntarily gives it to us in the process of ordering subscriptions to The Nerdel Company and Nerdel.com newsletters, entering contests or sweepstakes, or registering with The Nerdel Company and Nerdel.com Web site. This information is used internally by The Nerdel Company and Nerdel.com to fulfill your requests and for marketing and research purposes. The Nerdel Company and Nerdel.com will NOT sell, rent or give a visitor’s personal information to any third party unless The Nerdel Company and Nerdel.com ask for and receive the visitor’s permission at the time the personal information is collected. The Nerdel Company and Nerdel.com do however, share aggregate information about the users of The Nerdel Company and Nerdel.com’s Web site with our advertisers, business partners, sponsors and certain others. As m entioned above, this aggregate information is used to develop, improve and customize The Nerdel Company and Nerdel.com’s Web site to better serve visitors to our Web site. Where The Nerdel Company and Nerdel.com’s information collection activities involve children, The Nerdel Company and Nerdel.com provide special privacy protections. Please review this policy at our link The Nerdel Company and Nerdel.com’s Children’s Privacy Policy. We will use outside shipping companies to ship orders placed on our Web site and credit card processing companies to bill users for goods and services purchased on our Web site. These companies will not retain, share, store or use any of our users’ personal information for secondary purposes. We partner with other parties to provide specific services which are available on our Web site. When a user signs up for these services, we will share the user’s name or other contact information that is necessary for the third party to provide these services to the user. Such third parties are not permitted to use such personal information except for the purpose of providing these services.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term “outside parties” does not include The Nerdel Company. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Correspondence & Monthly Newsletters
1. Automated E-mail and E-Mail Newsletters.The Nerdel Company and Nerdel.com use automated e-mail systems to e-mail monthly newsletters and to collect and answer correspondence from our visitors.
2. Editing Information; Unsubscribing from Web site.The Nerdel Company and Nerdel.com try to make it easy for visitors to contact The Nerdel Company and Nerdel.com.com and we provide easy instructions on our Web site on how you can either edit information previously given (such as your address) or remove yourself from automated messages generated by The Nerdel Company and Nerdel.com. Should you have a technical problem doing this please contact HelpDesk@Nerdel.com
Cookies
1. Do we use “cookies”? Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our
  behalf except to help us conduct and improve our business.
  
  You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or
  Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won’t have
  access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting
  customer service.
2. Cookies Used and Defined.The Nerdel Company and Nerdel.com use “cookie” technology to enhance a visitor’s online experience by making it easier to navigate through our Web site or to make an activity work better. Cookies are small pieces of information or files that a Web site puts on a computer’s hard disk for record-keeping purposes. Cookies allow a computer to “remember” information from our Web site for future use. The use of cookies is an industry standard and is practiced by most major Web sites.
3. Cookies Not Used to Collect or Record Personally Identifiable Information.The Nerdel Company and Nerdel.com DO NOT use cookies to collect or record personally identifiable information about visitors to The Nerdel Company and Nerdel.com. The Nerdel Company and Nerdel.com use information collected by cookies to learn about our visitors’ preferences, so that we can make our Web site better. The information is about our visitors as a whole, not about individuals.
Electronic Postcards
Visitors to The Nerdel Company and Nerdel.com can send electronic postcards to their friends. In order to do this visitors are asked to provide only their first name and their friend’s first name and e-mail address, all of which are deleted once the postcard is sent.
Requests For Feedback
The Nerdel Company and Nerdel.com may request feedback from visitors regarding an activity or piece of content on the Nerdel.com web site. Feedback is used for internal purposes only, and any personally identifiable information that is accidentally submitted is deleted.
Advertisements & Links
1. Third Party Advertisements and/or Links.Nerdel.com may include advertisements and/or links to Web sites operated by third parties that are not sponsors and are not affiliated with The Nerdel Company and Nerdel.com. The Nerdel Company and Nerdel.com try to make sure that when there are links off The Nerdel Company and Nerdel.com Web site, they are working and lead visitors to interesting, fun and informative areas. However, it is hard to guarantee what exactly is presented on other sites or where links elsewhere may lead. The Nerdel Company and Nerdel.com are not responsible for the content, practices, or information provided or requested on Web sites operated by third parties. Further, advertisements on and links to or from Nerdel.com do not constitute sponsorship, endorsement, or approval by The Nerdel Company and Nerdel.com of the content, policies, practices or products or services offered on these Web sites. Nerdel.com will
  always mark advertisements as advertisements.
2. Advisory Regarding Privacy Policies of Third Party Web sites. Parents/guardians should check each Web site’s privacy policy and terms of use in order to understand their policies and practices regarding the collection and use of personally identifiable information. The Nerdel Company and Nerdel.com also suggest that parents/guardians review the privacy policies of all Web sites that their children visit, including those Web sites linking to or from The Nerdel Company and Nerdel.com Web sites. Information provided to those Web sites will be subject to the privacy policy posted at that Web site. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
Security
The importance of security for all personally identifiable information associated with Nerdel.com visitors is of utmost concern to us. The Nerdel Company and Nerdel.com exercise great care and implement a variety of technologies to make The Nerdel Company and Nerdel.com Web site as secure as possible against unauthorized access and to protect the information visitors choose to provide to us. The Nerdel Company and Nerdel.com periodically review and update these measures. Unfortunately, no data transmission over the Internet can be guaranteed to be one hundred percent (100%) secure. As a result, while The Nerdel Company and Nerdel.com strive to protect a visitor’s personal information, The Nerdel Company and Nerdel.com cannot ensure or warrant the security of any information transmitted to us or from our online products or services, and a visitor does so at his/her own risk. The Nerdel Company and Nerdel.com use the industry standard, SSL (secure socket layer) encryption when credit card information is transmitted to us.
Review & Deletion of Personal Information
You may review and delete your personally identifiable information contained in The Nerdel Company and Nerdel.com’s records at any time. If you would like to review or delete this information,
please contact us at:

The Nerdel Company , LLC.
Attn: Online Privacy
1000 West McNab Road
Pompano Beach, Florida 33069
or
onlineprivacy@Nerdel.com
How can you opt-out, remove or modify information you have provided to us for your shopping account?
To modify your e-mail subscriptions, please let us know by modifying your preferences in the “My Account” section. Please note that due to email production schedules you may receive any emails already in production. To delete all of your online account information from our database, sign into the “My Account” section of our shopping area and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
Questions, Suggestions & Comments
We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue.Please contact us at
onlineprivacy@Nerdel.com or write to us at:

The Nerdel Company, LLC.,
Legal Deparment,
1000 West McNab Road,
Pompano Beach, Florida 33069
with any questions regarding The Nerdel Company and Nerdel.com’s privacy policy.
NOTICE TO ALL CHILDREN
Never provide any information about yourself on the Internet without your parent’s/guardian’s permission. Please read The Nerdel Company and Nerdel.com’s Parental Consent Policy (see below) with your parents/guardians before you go any further. The Nerdel Company and Nerdel.com require your parents’/guardian’s written permission for children under thirteen (13) to register at Nerdel.com or to provide us with certain information required to get The Nerdel Company and Nerdel.com Newsletter, order subscriptions or enter certain clubs etc. on The Nerdel Company and Nerdel.com Web sites.
The Nerdel Company & Nerdel.Com’s Parental Consent Policy
The Nerdel Company and Nerdel.com are committed to protecting the online privacy of children. In accordance with the Children’s Online Privacy Protection Act, The Nerdel Company and Nerdel.com
will not knowingly collect any personally identifiable information from children under the age of thirteen (13) without first obtaining parental consent.
IMPORTANT NOTICE TO CHILDREN UNDER THE AGE OF THIRTEEN (13)
1. Requirement for Submitting Parental Consent Form Before Use of Web Site.
  Prior to providing any personally identifiable information (your name, email address, address, phone number etc.), either by placing an order for merchandise, setting up a Nerdel.com account,
  entering a contest or sweepstakes (if eligible), or participating in any other activity offered through the Nerdel.com site, children under the age of thirteen (13) must have a
  “Parent” or “Legal Guardian” give us consent as we explain in our The Nerdel Company and Nerdel.com Children’s Privacy Policy link.
2. Use of Web site and Collection and Use of Information After Parental Consent Given.
  If parental consent has been given, The Nerdel Company and Nerdel.com will only collect and use personal information (e.g., email address, mailing address, payment method and details)
  to the extent necessary to administer the requested activity. For example, the information will be used: 1. To process and fulfill orders for subscriptions; 2. To send The Nerdel Company and
  Nerdel.com Newsletter or other pertinent information by email; and 3. To notify winners of contests and sweepstakes (if children under thirteen (13) were eligible). Information collected
  may also be used by The Nerdel Company and Nerdel.com for internal review purposes in aggregate.
3. Disclosure of Information Collected From Children Under the Age of Thirteen (13) to Third Parties.
  The Nerdel Company and Nerdel.com will not disclose information collected from children under the age of thirteen (13) (or from adults for that matter) to third parties unless indicated
  otherwise or in special cases where The Nerdel Company and Nerdel.com have reason to believe that disclosure is necessary to identify, contact or bring legal action against someone who
  may be causing injury to or interference (whether intentionally or unintentionally) with The Nerdel Company and Nerdel.com’s rights or property or anyone else who may be harmed by such
  actions or if required by law.
4. Parental Monitoring and Control Tools.
  The Nerdel Company and Nerdel.com recommend that parents/guardians monitor and supervise the online activities of their children and to consider using parental control tools available which
  can prevent children from disclosing their name, address, and other personal information without parental permission.
5. Parental Review of Privacy Policies for All Web Sites Linking to The Nerdel Company and Nerdel.com Web Sites.
  The Nerdel Company and Nerdel.com also suggest that parents/guardians review the privacy policies of all Web sites that their children visit, including those Web sites linking to or from
  The Nerdel Company and Nerdel.com Web sites. Information provided to those Web sites will be subject to the privacy policy posted at that Web site. The fact that another Web site has
  established a link to or from The Nerdel Company and Nerdel.com Web site is not an endorsement of that Web site’s privacy policy by The Nerdel Company and Nerdel.com.
6. Collection and Use of Information for Children Under the Age of Thirteen (13) for Contests, Sweepstakes or Other Activities.
  In the event children under the age of thirteen (13) are eligible, with parental consent, to participate in contests, sweepstakes or other activities offered through our site, we will only
  collect and use information (e.g., email address, mailing address, name, age) to the extent that it is necessary to administer the activity. We will never require that a child disclose more
  information than is necessary to participate in an activity as a condition of participation.
Changes to our policy
If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last
modified on April 27, 2010.
Online Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.
Your consent
By using our site, you consent to our privacy policy.

Copyright

Copyright © 2008, 2009, 2010 The Nerdel Company. Nerdel, Nerdhealth, The Nerdhealth Logo, The Nerdel Company Logo, The Nerdel News The Nerdelmans, and all cartoon characters are registered Trademarks of The Nerdel Company, LLC. All Rights Reserved.

Any copying, redistribution or retransmission of any of the contents of this website without the express written consent of The Nerdel Company, LLC is expressly prohibited.

Children's Privacy Policy

Collection and Use of Personal Information of Children Under Age 13
This Children’s Privacy Policy is designed to provide information regarding our privacy policies and principles with respect to children under the age of 13.

The Nerdel Company and Nerdel.com are committed to protecting the online privacy of our visitors, and recognize the need to provide additional privacy protections when children visit our site. We explain those additional protections here in this Children’s Privacy Policy. For your convenience, this Children’s Privacy Policy uses terms that are defined in our general Privacy Policy.
The Children’s Online Privacy Protection Act ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age; and that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of our Web site. Therefore, in accordance with the COPPA, The Nerdel Company and Nerdel.com will not knowingly collect any personally identifiable information from children under the age of thirteen (13) without first obtaining parental consent. Prior to providing any personally identifiable information (your name, email address, address, phone number etc.), either by placing an order for merchandise, setting up a Nerdel.com account (Nerdel.com registration), entering a contest or sweepstakes (if eligible), or participating in any other activity offered through the Nerdel.com site, children under the age of thirteen (13) must have a parent or legal guardian give us their consent in the ways we explain below in our Frequently Asked Questions (FAQ) section. Please note that when we use the term "parent" below, we mean to include legal guardians.
Children’s Advertising Review Unit.
It is also The Nerdel Company and Nerdel.com’s intention to adhere to the Children’s Advertising Review Unit (CARU) Guidelines on Internet advertising with its special sensitivities regarding solicitations to children under thirteen (13). The Nerdel Company and Nerdel.com encourages parents/guardians to supervise and join their children in exploring cyberspace. The Nerdel Company and Nerdel.com are proud of its Web site and believes that it is suitable for The Nerdel Company and Nerdel.com fans of all ages.
Children’s Information and Third-Party Sponsors.
Occasionally, The Nerdel Company and Nerdel.com may ask, on a voluntary basis and with prior parental permission, if appropriate, for personal information to provide to sponsors of particular activities and/or products. This will be made clear in each individual case where we have third-party sponsors. In the event children under the age of thirteen (13) are eligible, with parental consent, to participate in contests, sweepstakes or other activities offered through our site, we will only collect and use information (e.g., email address, mailing address, name, age) to the extent that it is necessary to administer the activity. We will never require that, as a condition of participation, a child disclose more information than is necessary to participate in an activity.
Failure to Obtain Parental Permission.
Please note that if a parent does not permit The Nerdel Company or Nerdel.com’s use or collection of personally identifiable information or has instructed The Nerdel Company and Nerdel.com to delete personally identifiable information, a child’s participation in those Nerdel.com activities for which the personally identifiable information has been requested may not be possible.
Personal Information Disclosure to Third Parties.
The Nerdel Company and Nerdel.com will not disclose personally identifiable information collected from children under the age of thirteen (13) (or from adults for that matter) to third parties unless indicated otherwise or in special cases where The Nerdel Company and Nerdel.com have reason to believe that disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (whether intentionally or unintentionally) with The Nerdel Company and Nerdel.com’s rights or property or anyone else who may be harmed by such actions or if required by law.
Parental Monitoring and Control Tools.
The Nerdel Company and Nerdel.com recommend that parents/guardians monitor and supervise the online activities of their children and to consider using available parental control tools which can prevent children from disclosing their name, address, and other personal information without parental permission. Visitors to The Nerdel Company and Nerdel.com’s Web site who are under thirteen (13) years old should not be submitting any personal information like their name, address, e-mail address, phone number etc. without a parent’s or guardian’s permission.
Frequently Asked Questions About The Nerdel Company and Nerdel.com Children’s Privacy Policy
1. What types of personal information do we collect about children?
  Children can surf Nerdel.com, view content, and play many games without any personal information being collected. We do not collect personal information from children unless they register on our site. Typically, children will register in order to participate in sweepstakes or contests or to participate in a special activity, or receive e-mails. The only information we collect from children during our registration process is a child’s first name, parent’s e-mail address, child’s birth date, member name, and password. We collect birth dates to validate the ages of our guests, including children. We do not collect any other personally identifiable information from children during our registration process. We also will collect a child’s e-mail address from a parent for the purpose of sending the child e-mail related to a subscription. For example, we would send our newsletter to a child directly at the request of the child’s parent. Note that all sites that are directed to children under 13 are prohibited by law from conditioning a child’s participation in an online activity on the child’s providing more personal information than is reasonably necessary.
  We may collect personal information from parents in order to allow children to participate in certain features located on our Web site and within our children’s subscription products. These features may include one to one instant message chatting, sending e-mail, posting on message boards, and other similar activities. In the course of a child’s participation in these features, a child may also provide us additional information about himself or herself, such as the contents of his or her chat or message board postings. If a parent allows us to collect personal information about their child, we may link certain information collected through technology to that personal information.
2. How do we use and share the personally identifiable information that we have collected about children?
  If a child registers for a sweepstakes or contest, we use the parent’s e-mail address to notify the parent of the child’s registration request (as described in detail below in our answer to Question 3). To personalize communications to a child regarding a specific product, we may use the child’s first name combined with the parent’s last name and a mailing address provided by the parent when signing up for that specific product. We may collect a child’s e-mail address from the parent in order to send the child a newsletter. In addition, personal information regarding a child may be collected and used to enable a child’s participation in certain interactive features such as instant message chatting, sending e-mail, posting on message boards and other similar activities. These activities may involve disclosure of a child’s personal information to third parties. In addition, we may share a child’s personal information with third parties to the extent reasonably necessary to: protect the security of integrity of our site; to take precautions against liability; to respond to judicial process; or to the extent permitted under provisions of law, to provide information to law enforcement agencies or for an investigation related to public safety.
How do we notify and obtain consent from parents for the collection of information from their children?
We send parents an e-mail when their child registers at Nerdel.com. We provide parents 48 hours to accept their child’s registration by clicking on the e-mail link provided thereby acknowledging acceptance of their child’s registration and use of the features provided on Nerdel.com. If the parent refuses to accept the child’s registration, we delete the child’s information from our database. If the parent responds by e-mail and gives such consent, we then follow that communication with an e-mail confirmation to the parent and allow the child to participate in the activities provided on Nerdel.com.
Once a child has registered at Nerdel.com with parental acceptance and acknowledgement, personal information may be collected from children when they participate in activities such as blogging, posting of pictures and video & or one to one instant message chatting.
How can parents access, change or delete personally identifiable information about their children?
At any time parents can refuse to permit us to collect further personal information from their child and can request that any personal information we have collected be deleted from our records. We use two methods to allow parents to change, or delete the personally identifiable information that we have collected from their children. A parent can change, or delete his or her child’s personal information by the following:
1. A parent can contact our customer service department to access, change, or delete the personal information that we have collected from his or her child by sending an e-mail to onlineprivacy@Nerdel.com. Please include the child’s member name and the parent’s e-mail address in the e-mail so that we can better assist you with your inquiry or request.
2. Consent may be revoked by completing a "The Nerdel Company and Nerdel.com Revocation of Parental Consent Form" and sending it to us by postal mail.
How will we notify parents if our Children’s Privacy Policy changes?
We may amend our Children’s Privacy Policy at any time. We will provide parents notice by e-mail of any material changes in the way we intend to collect, use, and/or share children’s personal information. Please note that, at all times, parents should update their personal information to provide us current e-mail addresses. We will apply material changes in our Children’s Privacy Policy only in conformance with applicable law, including any applicable provisions of COPPA that require parental consent.
Who do visitors contact with questions or concerns about our Children’s Privacy Policy?If you need further assistance, please send an e-mail with your questions or comments to onlineprivacy@Nerdel.com or write us at:
The Nerdel Company, LLC.
1000 West McNab Road
Pompano Beach, Florida 33069

Legal

The Nerdel Company and Nerdel.com WEBSITE TERMS OF SERVICE AGREEMENT

Privacy Policy

Copyright

Children's Privacy Policy

Back to Nerdel.com

Topics

Recent Posts

Categories

Archives