Terms of Service
TERMS OF SERVICE
Effective April 1, 2018
NearlyBird is a service provided by Null Unit, LLC., located at 1425 #441 Broadway, Seattle, WA 98122.
NearlyBird is a service that allows you to pre-order software products and subscriptions. When you use NearlyBird, you will provide us with your e-mail address. Your email address will be shared with the software provider for the purposes of contacting you regarding your pre-order, updating you on the development of the software, and associating your email with your account when the software is delivered. Any payment information entered, will be stored directly in the Stripe account of the software provider and subject to their terms and conditions.
Please use NearlyBird responsibly! You agree to use the service only as permitted by applicable law. You will also not misuse NearlyBird: that includes even attempts to breach or circumvent security or authentication measures, interfere with the provision of the service, probe for vulnerabilities in the service, reverse engineer or decompile NearlyBird, sell or otherwise commercially exploit NearlyBird, or copy, upload, download, or share content where you do not have the right to do so. We may review your conduct and content for compliance with the Terms.
What We Retain
NearlyBird is protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in NearlyBird, others’ content in NearlyBird, or Null Unit’s trademarks, logos, and other intellectual property. Null Unit reserves all rights not expressly granted to you.
NearlyBird does not process any payments from the end user. Your payment information is delivered to the software provider who begins charging you when the software service is provided.
Cancellation: You are able to cancel your pre-order at any time for no penalty prior to the software being delivered. After the software has been delivered and your payment has been processed, you will be subject the cancellation terms of the software provider.
Services Provided “As Is”
We’re working to make NearlyBird the most awesome product it can be, but there are certain things that we don’t promise. To the fullest extent permitted by law, Null Unit makes no warranties—either express or implied—about NearlyBird. NearlyBird is provided on an “as is” and “as available” basis. We specifically disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
Null Unit will not be responsible for indirect, special, consequential, exemplary, or punitive damages. It will also not be responsible for any loss of profits, data, business, or us, regardless of legal theory.
If you use the services for any commercial or business purpose, Null Unit will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Null Unit is not responsible for the conduct, whether online or offline, of any user of its services.
Other than the types of liability we cannot limit by law, we limit our liability to the amount you paid us to use the services. These exclusions and limitations will apply regardless of whether or not Null Unit has been warned of the possibility of such damages.
In all cases, we’re responsible to you only for losses and damages that are reasonably foreseeable result of our failure to use reasonable care and skill or our breach of contract with you.
You and Null Unit agree to resolve any claims relating to these Terms or NearlyBird through final and binding arbitration by a single arbitrator, except as set forth below. This includes disputes arising out of or relating to interpretation or application of this “Disputes" section, including its enforceability, revocability, or validity.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the State of Washington, or any other location we agree to. The AAA rules will govern payment of all arbitration fees.
Either you or Null Unit may assert claims, if they qualify, in small claims court in King County, Washington. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of NearlyBird, or intellectual property infringement without first engaging in arbitration. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in King County, Washington to resolve your claim.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. If this specific paragraph is held unenforceable, then the entirety of this section will be deemed void.
The validity, interpretation, construction and performance of these Terms shall be governed by the laws of the State of Washington, without giving effect to the principles of conflict of laws.
These Terms set forth the entire agreement between you and Null Unit. It supersedes and replaces any prior understandings and agreements, whether oral, written or implied between you and Null Unit.
Waiver, Severability, Assignment
The failure of Null Unit to enforce any provision of these Terms shall not be a waiver to do so later. If any provision of these Terms are found to be unenforceable, the remaining provisions will remain in full effect. You may not assign any of your rights under these Terms. Null Unit may assign its rights to any affiliates, subsidiaries, or successors in interest.
We may revise these Terms from time to time. Among other reasons, this might be due to a change in the law, or a change in the NearlyBird service. We’ll post notices of modifications to the Terms on this page, and will become effective no sooner than thirty days after they are posted. Changes will not apply retroactively, so if you do not agree to the changes, you should simply discontinue your use of NearlyBird.