User Agreement
By indicating your agreement below and downloading the Nevra App (the “App”), YOU, individually (“You”), and NEVRA, LLC, a Wyoming limited liability company with offices located at 2435 King Blvd., Casper, Wyoming 82604 (“Nevra,” “We” or “Us”), agree to be bound by the terms and conditions of this End-User License Agreement (“Agreement”).
NOW, THEREFORE, in consideration of the foregoing, and in consideration of your ability to use the App without charge, and the mutual covenants hereinafter set forth, We and You agree as follows:
Privacy Policy and General Terms and Conditions. Your use of the App, including our collection, storage and use of information and data you submit through the App, are subject to the Nevra Privacy Policy, as amended from time to time, a current copy of which is available at nevraapp.com. Your use of the App is also subject to the Nevra General Terms and Conditions governing your personal behavior and submission of content and images, as amended from time to time, a current copy of which is available at nevraapp.com (the “General Terms and Conditions”).
License.
(a) Grant. Subject to the terms and conditions of this Agreement, We grant You a personal, non-exclusive, royalty-free, non-assignable, non-transferable, limited, revocable license, without the right to grant sublicenses, to access and use, within the United States, the App solely for its intended purposes relating to riding, scheduling rides, and discovering places to ride in accordance with this Agreement and the General Terms and Conditions.
(b) Restrictions. (i) The license does not permit, and You may not (and may not permit any third party to):
A. Reverse engineer, decompile, disassemble, or translate the App except as expressly permitted by law;
B. Work around any technical limitation in the App;
C. Apply any procedure or process to the App in order to ascertain, derive, and/or appropriate for any reason or purpose, the source code or source listings for the App or any trade secret or confidential information or process contained in the App;
D. Remove, obscure, modify or otherwise change any product identification, copyright or other notices or legends contained in or on, or available through, the App;
E. Transfer the App or the license, whether in whole or in part, or grant any rights in the App or the license, whether in whole or in part, by sublicense or otherwise;
F. Except as expressly permitted under Section 2(a) herein, provide, rent, lease, lend, or otherwise use or allow others to use or have access to the App or any portion thereof;
G. Reproduce or distribute the App; or
K. Modify or create derivative works of the App; or
(ii) We may prevent access to or use of the App if have a good faith belief that You or your use of the App is in violation of this Agreement or the General Terms and Conditions.
(c) Modifications. To the extent We make available any updates, upgrades, enhancements, bug-fixes or other modifications to the App (collectively, “Modifications”), such Modifications shall be considered a part of the App and subject to the terms and conditions of this Agreement.
(d) Ownership and Reservation of Rights. All right, title and interest, including all intellectual property rights, in and to the App are owned exclusively by Us and/or our licensors. The App is licensed, not sold, and is and shall at all times remain the property of Nevra and/or its licensors. Except for the limited, revocable license granted in Section 2(a), you shall have no right, title or interest in the App. Except for the express license granted in Section 2(a), all rights in and to the App are reserved.Termination. The term of this Agreement shall be until the earliest of (i) Your removal of the App from all of Your personal devices; (ii) Our termination of the license and Your rights under this Agreement; or (iii) or discontinuance of, or discontinuance of support for, the App.
Account and Data Deletion. Email support@nevraapp.com for the request to delete data.
Disclaimer of ALL Warranties.
THE APP IS PROVIDED “AS-IS” WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, WE AND OUR LICENSORS AND OUR AND THEIR REPRESENTATIVES (AS DEFINED IN SECTION 6 BELOW), DISCLAIM AND EXCLUDE ALL WARRANTIES, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTIES OF NON-INFRINGEMENT OR QUIET ENJOYMENT.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF YOUR DOWNLOAD THE APP. HOWEVER, SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE PRECEDING LIMITATION MAY NOT APPLY TO YOU.Remedies. BECAUSE THE APP IS PROVIDED TO YOU FREE OF CHARGE TO YOU AND WITHOUT ANY WARRANTIES, YOUR SOLE REMEDY UNDER THIS AGREEMENT FOR ANY FAILURE OF THE APP IS TO CEASE USING THE APP.
LIMITATION OF LIABILITY. THE ENTIRE LIABILITY OF NEVRA, ITS AFFILIATES, ITS LICENSORS AND ITS AND THEIR REPRESENTATIVES (AS DEFINED BELOW) FOR ANY REASON UNDER THIS AGREEMENT AS TO DIRECT DAMAGES BETWEEN US AND YOU SHALL BE LIMITED TO $100, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTORY OR STRICT LIABILITY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR LICENSORS, AND OUR AND THEIR SUBSIDIARIES AND AFFILIATES, OR ANY OF THE FOREGOING’S RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS (COLLECTIVELY, “REPRESENTATIVES”) ARE NOT AND SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING: DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF PROFITS, DAMAGES TO YOUR PERSONAL DEVICES OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STATUTORY OR STRICT LIABILITY OR OTHERWISE, EVEN IF WE, OUR LICENSORS OR OUR OR THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE APP TO YOU FOR NO CHARGE WITHOUT SUCH LIMITATIONS.Controlling Law and Severability. This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, excluding its conflicts of law provisions. You and We agree that the state courts of the State of Wyoming shall have sole and exclusive jurisdiction over any disputes between You and Us relating to the subject matter of this Agreement, and You and We expressly consent to the jurisdiction and venue thereof. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties and the remainder of this Agreement shall remain in full force and effect.
Behavior. There is no tolerance for objectionable content or abusive users. Nevra will act on any reported objectionable content within 24 hours and if it is objectionable it will be addressed by removing the content and ejecting the user who provided the offending content. To report abusive users and/or objectionable content contact support@nevraapp.com
Complete Agreement. This Agreement, together with the Privacy Policy and General Terms and Conditions, constitutes the entire agreement between You and Us with respect to the App, and supersedes any prior or contemporaneous understandings, representations, statements or agreements, written or oral, regarding the App. As used in this Agreement, “including” means “including, without limitation” and is illustrative rather than exhaustive. No amendment to or modification of this Agreement will be binding on Us without Our written consent. You may not assign or transfer your rights or obligations under this Agreement, or any portion thereof, without our written consent. Any attempted assignment or transfer of your rights or obligations, or any portion thereof, in violation of this Agreement is void and of no effect. In addition, except for Our Representatives, You and We acknowledge and agree that there are no third party beneficiaries to this Agreement. The provisions of Sections 1, 2(b), 2(c), 2(d), 4, 5, 6, 7 and 8 will survive the termination of this Agreement.