Terms Of Service

This document sets out your rights and responsibilities for accessing or using the Nerd Marketing Agency website at https://nerdly.io, and other associated sites linked hereto and operated or controlled by Nerdly LLC. dba Nerd Marketing Agency or Nerdly Marketing Agency (“Nerd Marketing Agency”) including but not limited to tech.nerdly.io, and external linked sites unless expressly excluded or where a separate policy is provided (collectively, “the Sites”).

Our overall Terms Of Service also include the sections displayed in the Privacy Policy, Acceptable Use, and Billing Policy pages. Please make sure to read them as well.

Background

Please read these terms carefully because all uses of the Sites are subject to these terms of service (“Terms” or “TOS”). By using the Sites, you are acknowledging that you have read this and agree to it.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. There are no exceptions.

You must also be at least eighteen years old and to use the Sites without adult supervision. If you are under 18 years of age, you may not use the Sites or purchase any product or service from us without the supervision of your parent or guardian.

We reserve the right to amend or change all or parts of this TOS from time to time. Any such amendments or changes will be posted here and shall constitute the new terms and conditions for the Nerd Marketing Agency Sites from the time they are posted.

Users of the Nerd Marketing Agency software and services are subject to the Acceptable Use Policy, which control the use of those services. To the greatest extent applicable, those agreements and policies, together with our Privacy Policy, form a part of these Terms of Service and apply to your use of the Sites.

A. Privacy Policy, and Other Documents

You may find links to our Privacy Policy page, and any other legal page in this site, at the footer of this page.

Briefly, we generally collect only as much personally identifying information as is required to provide the services. Our general policy is not to disclose any personal nonpublic information of any visitor, customer, member, or client to any third-party, except under very limited circumstances.

We only disclose such information to improve the services or your user experience, or when we are required to disclose. We will disclose only as much as information as is needed to provide the enhanced user experience or improved service. We will disclose where strictly required by law – e.g., if we are under a subpoena or court order, and/or if our attorneys advise us to provide the information. While we are very protective of our user’s personal data, you agree that Nerdly LLC or our assignees may disclose your personal information to a third-party if we, in our sole discretion, believe that the law or legal process requires it, or to protect the rights, property, or safety of Nerdly LLC or others, or as otherwise described in our posted Privacy Policy.

Users of the Site(s) should refer to our Privacy Policy for more detailed information about how we use and collect information.

You also understand that the Sites or portions of the Sites are publicly available and that if you post on a public site or via social media your post (including any personal information therein) may be publicly accessible via search engines and other means on the public Internet. Nerdly LLC assumes no responsibility for information that YOU make public, and we will not be liable for any harm or damages that may arise from disclosures of your personal identifying information made by you or others not in our control. You should be careful and avoid posting information you do not wish to disclose on a public site or via social media. If you post via social media, we do not have control over the content of your post.

B. Authorized Uses of The Site(s)

Your Use of the Sites is Subject to This Limited License of the Nerd Marketing Agency Sites, and all content thereon (the “Content”), is the exclusive and private property of its owner(s) unless otherwise stated. Use of the Sites is permitted under a “limited license” that provides you limited access under these Terms.

Your access can be revoked without warning if you violate these Terms. Except as otherwise expressly provided, your right to access and to use the Nerd Marketing Agency Sites is personal to you. You may not share your access, username, login, or password to the Sites, or to any software, products, or services offered via the Sites. You agree to keep your login credential secure, and to comply with all password security policies, including password change and complexity requirements. You understand that if you are prompted to change your password, you may lose access to the Sites, software, products, or services if you fail do so.

You may use a standard web-browser (e.g. on a desktop, laptop, or similar computer, or on a portable device such as a tablet, smartphone, or other mobile device) to access the Sites, software, products, and services. All other software to access the Sites, the Content, or our database(s) is in violation of these TOS.

Permissible uses of the Nerd Marketing Agency Sites includes all the uses which would normally be associated with a site of this nature, and which are not expressly prohibited herein. For example, our Sites may provide videos or posts – you can view them and replay them. Some Content may include an invitation or opportunity to comment, discuss, or post questions or feedback for us via the Sites or via social media. You may also have opportunities to participate in our polls, surveys, discussion threads, forums, or the like. You may have the ability to interact with and share experiences with us or other users.

You may also provide feedback or input to us directly in certain areas of the Sites, such as where comments are permitted. You can share the Sites with others via social media; however, you may not provide any link to an internal page on the Sites that is not public, whether or not you have a URL for such page. You may have access through the Sites to software, products, or services that you have licensed or purchased from us, or subscribed to. In most cases you will have to provide your login credentials to gain access.

Copying, Downloading, & Sharing

You understand and agree that the Content on the Sites is subject to copyright laws in the US and internationally. You may only copy or download content or information on the Sites that is expressly provided for that purpose. You understand and agree that we, in our sole discretion can decide which content you may download, copy, and/or share and that you will abide by our decisions and policies with regard to our content. You understand that if you do copy or reproduce any information without permission, we may immediately terminate your access to the Sites and/or to the products or services.

If a file is made available for and intended for downloading, there will be downloading instructions, which tell you that you can download it and will also indicate whether you may share it. If a downloadable file does not expressly state that you may share it, then you may not do so without written permission.

Unauthorized use of the Sites or the content is strictly prohibited.

While there are many permitted uses of the Nerd Marketing Agency Sites as detailed above, not all uses are permitted.

Except as expressly provided, no commercial uses are allowed of the Site(s) or any of the Content without written permission. The foregoing in no way limits the use of the Nerd Marketing Agency software by registered Users or licensees whose use is controlled by their respective End User License Agreement. Any use of the Sites that could in any way damage or impair the functionality for other users to any extent is prohibited.

You agree to respect our intellectual property rights and understand that you may not download or copy ANY of our Content in ANY area of the Sites, except where permission to do so expressly provided, or unless such information is provided on specific parts or portions of the Sites, such as a “Downloads” or “Free Resources” section. This includes any content on Template Sites provided for your use as a subscriber.

You may not download or copy our information yourself and you may not employ any automated device, software tools, harvester, extractor, scraper, spider, robot, program, code, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, or copy the Sites or any portion thereof, or any Content. You may not reproduce the Sites or portions thereof in any way, nor ‘mirror’ the sites at a separate location or server. You may not obtain or attempt to obtain any Content through any means not purposely made available through the normal use of the Sites (e.g. using a standard web browser).

You also expressly agree not to attempt to reverse engineer, replicate, or circumvent any software, product, or service feature of the Sites, or that is marketed through the Sites.

You also agree not to attempt to divert traffic from the Sites by use of a confusingly similar domain name. You agree not to claim or suggest ownership or control of the Sites, nor to imply or suggest any non-existent affiliation with the Sites. You agree not to use comment or feedback threads to post support issues, complaints, or issues related to sales, or problems with access to software, products, or services including Nerd Marketing Agency or others. You also agree not to use such opportunities for posting comment spam, links to other software, products, or services, or attacking other users. You understand and agree that any such prohibited uses may result in the loss of access to the Sites, software, products, or services without warning or refund.

You also may not attempt to gain unauthorized access of any kind to the Sites, or to any software, product, or service offered through the Sites via any means including hacking, password guessing, backdoors, code injection, or any other means. You also agree that you will not engage in any activities using the Sites that violate applicable laws or regulations in your locale. Such uses are strictly prohibited and include invasion of privacy laws, laws pertaining to defamation or libel, or the like.

C. Intellectual Property

All Content (including e.g. text, graphics, video, video scripts, music, artwork, sounds and sound tracks, visual components, photographs, and computer code, as well as branding, logos, and such), including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement on the Sites, or in the software, products, or services offered through the Sites is owned or controlled by, or under license to Nerdly LLC, and is protected by US and international copyright, trademark, trade dress, and various other applicable intellectual property rights, including unfair competition laws.

You agree that you will not remove, replace, or obscure any copyright, trademark, service mark or other indicia of source or ownership, nor any notices or legends used in connection with any Content provided on the Sites or software, products, or services offered through the Sites, nor with respect to anything that you may post or upload to the Sites (if any uploading is permitted) or via any software or service. Any effort to remove, replace, or obscure such marks is a violation of our Terms of Service.

The prohibition on removing copyright and similar notices applies to any downloadable files that may be provided on the Sites, even where we give you permission to share those files with others. You must share the file as we provide it and not remove our marks, notices, or legends. Third party content, if any, provided by users may be copyrighted by such third parties and its use on the Sites is with permission, or solely for discussion, commentary, and/or educational purposes, and is believed to be a fair use within the meaning of 17 USC § 107.

Trademarks

Nerd Marketing Agency and other trademarks and service marks referenced herein are trademarks and/or service marks of Nerdly LLC.

Nerdly LLC’s marks (whether or not registered) may not be used for any reason(s) without written permission, regardless of purpose or intent. You agree not to register, operate, or lease any domain with a confusingly similar name to any such mark(s) without permission from Nerdly LLC. Any other trademarks or service marks used or mentioned herein, whether or not registered, are the property of their respective owners. Permission for the use of any third-party mark should be obtained from the owner.

For purposes herein, discussion or commentary that may involve federally registered trademark names, or names protected under the common law is believed to be nominative use that is permissible and not subject to restriction.

Product Improvements/Ideas/Feedback/Suggestions

We are always looking to improve our software, products, and services. We welcome your ideas, suggestions and comments for improvements, or new products or services. We accept all unsolicited ideas, suggestions, and feedback solely on an unrestricted basis, meaning that we are not limited in how we utilize, implement, or commercialize the ideas, suggestions, or feedback. Our acceptance of your voluntarily submitted ideas, suggestions, or feedback is not an acknowledgement or admission that anything in the idea, suggestion, or feedback is original to you. Unless we have agreed otherwise in writing prior to your submission, you understand that we own all rights to any improvement(s) or new product(s) we make, whether or not they incorporate or appear to incorporate (in whole or in part) any idea, feedback or suggestion you have provided. You agree to relinquish and/or assign any right, title, or interest in such suggestion that you might otherwise retain. You agree that our review and consideration of your idea, suggestion, or feedback, and/or our implementation or development thereof (in whole or part), as well as your access or continued access to the software, product, or service, are adequate compensation for your assignment thereof. Do not submit any ideas, suggestions, or comments unless you understand and accept the foregoing.

D. External Links, Affiliate Relationships and Marketplaces

D.1 Third Party sites

We may provide various links to external sites that provide useful resources, products, or services that we believe may be useful to you, valuable for your business, or just worth exploring. In some cases, we may recommend a product or service, while in other cases we may merely suggest that you check it out or consider whether that product or service is useful for you.

Sometimes we’ll provide hyperlinks (or “links”) that will direct you to or connect you with other websites that are not related to the Sites.

Where such websites are third party owned and operated, they are not prepared by, offered by, or controlled by us. We are not responsible in any way for the quality, content, nature, applicability, or reliability of third party sites accessible by hyperlink from the Sites. If you choose to leave our Sites you should be aware that our Terms of Service, Privacy Policy, and other policies no longer apply. You should review the applicable terms and policies, including privacy and data-gathering practices, of whatever site you go to, whether or not you followed a link from one of our Sites to get there.

Unless we say otherwise, our decision to provide links to external or third party sites does not necessarily imply affiliation, endorsement, or adoption of those sites, any information contained therein, or any products or services offered on the sites. We do not and cannot guarantee that the information or other material linked is accurate, current, or available. You understand that we assume no responsibility or liability for any external links or any content on such third party sites, and you agree that we are not responsible whatsoever for any actions you take there, including any purchases. We likewise make no claims regarding and accept no responsibility for third party sites that link to our Sites.

Even where we expressly endorse a product or service (which endorsement may be based on the personal or professional opinion of one or more persons), you understand that our position or opinion on the product or service is based on those factors we have considered, and that we do not have the ability to evaluate or opine on the quality, price, advisability, suitability, need, or satisfaction that you may experience with such products or services. You should always do your own due diligence on any product or service prior to purchasing, to determine if it is right for you, whether or not we recommend it.

D.2 Affiliate Offerings

In some cases Nerdly LLC or its owners may have an affiliate relationship with a third party site or service provider mentioned on the Sites, and may be compensated (e.g. receive a valuable benefit, or even a commission) if you visit and/or purchase a product or service from the affiliated site. We will generally endeavor to identify any such relationships so that you understand that even though we endorse a particular product or service, we also may be compensated in some way if you choose to do business with the recommended business or site. However, you should assume that we do have such a relationship – and that we will be compensated if you purchase a product or service. Where we have an affiliate relationship with such third party sites, our receipt of compensation does not increase your cost to purchase the product or service, and if you purchase through an affiliate link, you will generally receive valuable bonuses that you will not otherwise be entitled to receive. Moreover, while many people would like us to endorse or recommend their products, we will never endorse or recommend any product or service we do not believe in, that is not of good quality, or which we do not think can provide benefits for you, regardless of potential compensation. However, if the possibility of us receiving compensation is not agreeable to you, please do not buy through any link on the Sites. Our software, products and services, including those that are available through the Sites may also be offered by or through third party affiliates who are compensated by us, for example if you purchase a product or service from us. While we are responsible for claims we have made regarding our software, products or services, we cannot be held responsible for any claims made by third parties. Moreover, those third parties may promise the inclusion of various bonuses or additional products or services.

If those bonuses, products, or services are a part of our offer, we are responsible for delivering or providing them and will do so. If the third party affiliate has offered additional bonuses, products, or services that are not a part of our offer, you should contact them regarding delivery, or support issues for those bonuses, products, or services.

We endeavor to be selective in the people or companies we allow to promote our products or services. If you believe that you have been promised bonuses, products, or services from a third party claiming to be our affiliate who does not follow through or deliver the promised bonuses, products, or services, and if you have been unsuccessful in resolving the issue, we would appreciate hearing about it. Problems can arise, and while we cannot take responsibility for such problems, if we see a pattern of problems with an affiliate we will determine if we should allow them to promote our products or services in the future.

D.3 User-Driven Marketplaces

Nerdly LLC has set up different Marketplaces for our customers to list, advertise, promote and sell their products and services to other users.

The products and services in a Marketplace are not created by, offered by, endorsed by or controlled by Nerdly LLC. Nerdly LLC is not responsible in any way for the quality, content, nature, applicability, or reliability of Marketplaces. If you choose to purchase, register, download or to engage with any products, services, or provider, you do so at your own risk. Nerdly LLC is not responsible for the accuracy or validity of any information or product. You understand that Nerdly LLC is assuming no responsibility or liability for any content, and you agree that Nerdly LLC is not responsible whatsoever for any damage you may suffer.

You should always do your own due diligence on any product or service prior to purchasing, to determine if it is right for you, and whether the product/service provider is a reputed user.

Use of Name and Logo: Use of any branded images, titles, names or logos associated with Nerdly LLC or one of its products for any purpose is strictly forbidden in the Nerdly LLC hosted Marketplace. Anyone deemed to be in violation of this rule will be removed from the Marketplace immediately without notice.

D.4 Nerdly Provided Marketplace

Nerdly LLC has set up a Marketplace to provide Client & Agency level digital content for purchase. Once digital content is purchased it is non-refundable due to the nature of digital products. If you need assistance after purchasing digital content you can book 1:1 NerdHerd tech support to setup your digital product. You may cancel any paid services at any time, you, however, won't be issued a refund except in our sole discretion, or if legally required.

E. Payments, Subscriptions, & Refunds

Additional Billing Policies can be found here: https://nerdly.io/billingpolicy

Payment Processor. We use a third party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s Terms of Service and Privacy Policy. We don’t control and are not liable for the security or performance of the Payment Processor. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

Payment Authorization; Information; Taxes. By agreeing to these Terms and purchasing a subscription, you are giving Nerdly LLC and our Payment Processor permission to charge your on-file credit card, or other approved methods of payment for fees that you authorize Nerdly, LLC to satisfy. You must keep current payment information in your Account and your payment account must be adequately funded to pay for any services rendered. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases or transactions. Failure to pay the applicable subscription fee will result in termination of your Account. Notification of Payment or Non-Payment. We may but are not required to email you a receipt when your card has been charged or if a payment fails. If your card cannot be charged your access to Services may be suspended or terminated and you will need to update your card information in order to resume use.

Cancellation of Subscription. To cancel a subscription you purchased from Nerdly, LLC, you must send an email to [email protected]. There will be no refunds or return of prorated subscription fees for unused days in a subscription cycle. If you cancel, you may continue to use your subscription until the end of your then-current subscription term. Cancellations take up to 7 business days to go into effect, so cancellation requests made close to the end of a billing cycle may result in another month's charge.

All of our subscriptions are no-contract and clients are free to cancel with a minimum of 7 days notice from their next billing date. Prior to cancellation it is your responsibility to ensure all media assets, customer lists, configured features (templates, workflows etc.), funnels, websites, and phone numbers are transferred or removed from service. 

Once your cancellation is processed this is irreversible and all data within the system will be purged including any phone numbers purchased through the system. If you'd like to transfer out any actively used phone numbers it will be your responsibility to submit the porting request to do so. 

In lieu of cancelling your account permanently you may opt to suspend your billing for a short specified period of time after which point we will be able to resume your account. During this time all access, communications (Phone/SMS/Email), websites, automations, and other services will be paused. You will be responsible for the direct maintenance fees of phone numbers charged by the carrier however they will not be terminated/released.

All functions and billing will automatically resume after the specified period of time. Suspensions are limited to 90-day spans after which billing will resume for a minimum of 30 days.

Refunds: You may cancel any paid services at any time, you, however, won't be issued a refund except in our sole discretion, or if legally required.

Dispute Resolution and Chargebacks

By purchasing our services, you agree to address any billing questions or concerns by opening a ticket through our live chat system, accessible via the widget in the bottom right corner of our platform. This ensures your inquiry is logged and handled appropriately. Failure to follow this process may result in delays or miscommunication, and disputes initiated without contacting us first may result in account suspension and/or additional fees.

In the event of a chargeback or dispute:

✔️You agree to reimburse us for any fees or penalties incurred as a result of the chargeback.

✔️If the dispute is resolved in our favor, you will remain responsible for the original charge and any associated fees, including but not limited to chargeback processing fees and penalties.

To prevent unnecessary disputes, all billing concerns must be addressed by submitting a ticket via our live chat system. We are committed to assisting you and ensuring all concerns are resolved promptly and efficiently.

We reserve the right to dispute any Chargeback and take all reasonable action to authorize the transaction. In the event of a Chargeback, your Account may be terminated and any files, data, or content contained in your Account may be subject to cancellation. We will not be liable for any loss of files, data or content as a result of a Chargeback. Without limiting other available remedies, you must pay GroupTrack Inc upon demand for amounts owed under these Terms, plus interest on the outstanding amount at the lesser of one percent (1%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.

Loss of Data or Content: If your Account is canceled by you or terminated by us in accordance with these Terms or the License Terms, this may result in a loss of your user files, data, or content, or access to third-party services. All files, data, or content in your Account will be deleted in accordance with the License Terms. Whether or not your Account is canceled or terminated, you are responsible for backing up your own data. Before canceling your Account, you are solely responsible for taking any action necessary to retrieve any of your data or content. We will not be liable for any lost files, data, or content and you agree to hold GroupTrack Inc harmless for loss of files, data, or content in your Account.

Indemnity: You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms or the License Terms; (c) your violation of the Social Media Providers Terms; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

F. Information You Provide To Us Must Be Truthful

When enrolling in, subscribing to, or purchasing any service, option, or product through the Sites, you must provide only true and accurate information, which is current and complete. Your entry of any information is your promise that any name, mailing address, e-mail account, and/or credit card information you provide to us is registered to you and/or your use of such information is with permission. You understand that we can and generally will bar your access to and use of the Sites if we believe that you have provided untrue, inaccurate, not current, or incomplete information. You also promise that if you are ordering or purchasing products or services on behalf of a company or other entity, that you have proper authority to commit that company in such a transaction. If you are using a pseudonym, nickname, assumed name or the like (where permitted), you agree that you will nonetheless provide accurate information to our processing company where required (e.g. your real name in connection with a credit card account) so that you can be billed for one-time or recurring fees.

G. Service and/or Product Descriptions

Nerdly LLC attempts to be as accurate as possible in its descriptions including descriptions of services, options, and products offered or available on the Site(s). We make every reasonable effort to ensure accuracy, however, we cannot guarantee that every product or service description on the Site is 100% accurate, complete, reliable, and/or error-free. We do not assume any responsibility for the accuracy of any descriptions for any product or service sold by third parties using Nerd Marketing Agency, nor the accuracy of the description of any third party product or service purchased via Nerdly LLC or other affiliated sites. Except as expressly provided, your sole recourse is from the third party providing the product or service, or from whom you purchased.

H. Account sharing, transferring or sub-leasing

Nerdly LLC does not support account ownership sharing, selling or transferring. Furthermore, no account may be sublet or used on behalf of any business other than the account owner's. Nerdly LLC does not allow agencies hosting content or rendering services through their accounts. You are permitted to add your staff as users to your account so that they have their own username and login but they are not allowed to use the account for any other purpose than supporting your business.

Nerdly LLC shall not be held responsible or accountable for any ownership conflict between two (or more) partners, associates, staff members, customers or managers claiming ownership or control over a Nerd Marketing Agency account. Nerdly LLC will always regard the person currently paying for the account as the sole and rightful owner (and manager) of the account.

Nerdly LLC will only consider an account ownership transfer from one Nerd Marketing Agency subscriber to another Nerd Marketing Agency subscriber upon express written consent from both parties involved in the transaction: the current account owner and the designated account recipient. Once the transfer is approved by Nerdly LLC, the move will be non-revokable, and the recipient will become the sole and rightful owner thereafter. Moreover, from the date of transfer onwards, the account recipient will become responsible to satisfy payments for any and every recurring invoice issued by Nerdly LLC for servicing the account. Finally, Nerdly LLC understands that the designated account recipient has read and agreed to these Terms Of Service.

Transfer of accounts or data is not permitted outside of Nerd Marketing Agency. Nerdly LLC will not permit nor conduct any transfers outside of the Nerd Marketing Agency system.

I. Additional Terms

This Terms of Service agreement is also governed by the provisions below. You should seek to understand these provisions and you must agree and abide by them.

No Warranties are Made

We make no warranties, expressed or implied, regarding the Content on the Sites. No warranties or guarantees are made as to the accuracy, factual basis, timeliness, applicability, or suitability of any information on the Sites for any purpose, including your particular needs. While we have many years of high-level marketing and product development experience that we share, nothing written, discussed, presented, or communicated in any way or form on the Sites is intended as professional advice of any other type and should not be considered or used as such. Consult your attorney, CPA, or other professional for help should you require it. Your use of the Sites is subject to your acceptance of any liability that may result as a consequence of actions you take or fail to take based on the Content provided here.

The Sites, and the Content, including any information, data, case studies, and personal experiences shared are all provided on an "AS IS," and "AS AVAILABLE" basis.

The Sites, software, products, or services may not always be available to you when you would like access for reasons beyond our control. And from time to time we may suspend and/or deny access to the Sites for updates, maintenance (scheduled or unscheduled), enhancements, upgrades, improvements, or corrections, or to maintain or improve security.

In addition, some information and offers provided on the Sites are time-limited and will be removed at our discretion. We also believe some Content has a limited useful life and we reserve the right to take down, remove, or archive Content at our discretion.

We also do not make any guarantees that the Sites will be updated, changed, or amended on a particular schedule or with regularity. Despite our desire and sincere efforts to keep the Sites and Content up to date and free of errors, the Content may contain typographical or factual errors or inaccuracies, or become outdated.

While the vast majority of our customers are delighted with their purchases, if for some reason you are unhappy with any software, product, or service offered through the Sites, your sole recourse is the stated guarantee for that software, product, or service. For example, you can receive a refund within the refund period where a money-back guarantee is made. Where a satisfaction guarantee, or other written guarantee is expressly offered in connection with a particular product or service, you can hold us to whatever other promises we made in our written guarantee. If there are any stated conditions in the guarantee, you may need to document that you have satisfied the conditions. There are NO other warranties or guarantees made related to the use of the Sites or the Content, or for any products or services offered through the Sites. Any guarantees or warranties that might be implied by law are specifically disclaimed including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

While we attempt to be as accurate as possible in the descriptions on the Sites including descriptions of software, products, services, options, and bonuses offered or available on the Sites, we cannot and do not guarantee that every product or service description on the Sites is 100% accurate, complete, reliable, and/or error-free.

Nerdly LLC's Liability is Strictly Limited.

You understand and agree that we are not and will not be responsible for any loss or damage that you might incur as a result of using the Sites, or (any software, products, or services offered through the Sites) whether it results from an act or an omission by us or any other party, including another user.

You agree that you cannot and are not entitled to recover, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, attorney fees, or any other damages of any kind even if we knew or were advised of the possibility of such damages. The limitation on liability includes damages from all causes including lost time, damage caused by viruses, spyware, adware, or other malware which may infect a user's equipment, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.

In all cases, our total liability shall be limited to liquidated damages of no more than (i) the amount you spent on any product or service offered through the Sites in the last calendar year, or (ii) $50.00, whichever is greater. Moreover, you agree that all claims must be brought within 1 year of the date on which you first knew or should have known of your alleged claim, notwithstanding any state law to the contrary.

Accountability.

You agree to be held accountable for your behavior on the Site.

You agree to only post information or comments on the Sites or in member Facebook™ groups or forums that you own or have proper rights to publish or post. You may not publish or post and agree not to publish or post any proprietary or confidential information, trade secrets, insider information, or similar information on the Sites, or through the use of the products or services offered through the Sites. If you are not the copyright owner of any image or other information or do not have permission from the copyright owner, you agree not to publish or post that image or information on the Sites and will indemnify us for any harm caused to us by your actions. You agree not to promote any goods or services that infringe another person’s trademarks using the Sites or via the software, products, or services offered through the Sites.

To ensure we are not held responsible for your actions, you agree to indemnify and hold harmless Nerdly LLC and its subsidiaries, officers, owners, directors, employees, agents, and suppliers from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third-party arising out of and/or relating to your use of the Sites, the products or services, your violation of our Terms of Service, and/or your violation of any rights of a third party.

No Conflict of Interests

If you have a personal or financial interest in any site, product, or service that may influence a comment or post, or that a reasonable person would want to know when reading your comment or post, you agree not to comment or post information about that site, product, or service without disclosing your interest. You also agree never to post under an assumed name or use a false identity on the Site(s) for personal gain, or to avoid disclosing your interest. You agree not to post unfavorable information about any competing business or service without disclosing your business interests. You also will not have another person make such comments or posts for your benefit or gain.

Jurisdiction and Binding Arbitration

These Terms, as well as the Privacy Policy for the Sites shall be governed by and construed in accordance with the laws of the State of Virginia, U.S.A., without regard to conflict of laws principles. You consent to the exclusive jurisdiction and venue in the courts of Fairfax County, Virginia, U.S.A. for any and all disputes arising out of or relating to the Privacy Policy, Terms of Service and/or the Sites. These Terms and the Privacy Policy constitute written agreements between you and Nerdly LLC with respect to the Sites, your access, and your conduct. The Terms and our Privacy Policy as published on the Sites supersede any other communications and/or proposals (whether oral, written, or electronic) with respect to the Sites. A printed version of the Terms and Privacy Policy shall be admissible in a judicial or administrative proceeding to the same extent and subject only to the same restrictions, as any other contract, document or record originally in printed form. Any disputes arising under these Terms, Nerdly LLC’s Privacy Policy, or from your use of the Site(s) shall be resolved solely by confidential binding arbitration conducted in accordance with the American Arbitration Association commercial arbitration rules. All arbitration shall be held in Fairfax County, USA, unless otherwise agreed in a signed writing. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees, unless the arbitrator(s) agree that the case was without reasonable basis in law or fact, in which case costs and attorney’s fees may be awarded to the prevailing party. All your claims must be arbitrated on an individual complainant basis, and cannot be consolidated in any arbitration with any claim or complaint of any other party or parties, except as agreed upon in a writing signed by Nerdly LLC. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a Court having authority to opine on the matter, then that provision shall be severable from these Terms and the validity and enforceability of any remaining provisions shall remain unaffected. The provisions of this section survive any termination of the Terms.

INTERNATIONAL USE

The Nerd Marketing Agency Sites are controlled and operated by Nerdly LLC from its headquarters in the Herndon area in Virginia, in the United States of America. Because the Sites are hosted on the worldwide web, access may be available in other countries. We are happy to make the Content, software, products, and/or services available to people in any country where legal to do so. And while we are not currently aware of any country that bans information of this type, nor specifically the information we provide, we make no representation that materials on the Sites are appropriate or legal for use in any locations outside the United States. The laws regarding use of webinars, and the dissemination of privately produced video via the Internet may vary in different countries. If you have access to the Sites from a location outside the United States of America, you and you alone are responsible for compliance with all applicable laws of your jurisdiction. Accessing the Sites from any country where the contents are deemed illegal or where they are contrary to regulations is prohibited and definitely not recommended by us, as we do not fancy prisons, foreign or domestic. If you choose to access the Sites from other locations, you do so on your own initiative and at your own risk. You are responsible for compliance with local laws and/or consequences of violating such laws or regulations.

Your continued access or use of the Sites is your acceptance of the foregoing Terms of Service in their entirety.

Questions regarding our Terms of Service may be directed to: [email protected]

This document was last updated on May 3, 2023.