Nabu Terms of Sale

By purchasing any partial or full Merchant Offering via the Services, you agree to the Terms of Use, including, without limitation, this Terms of Sale specified below.

(a) In General

Descriptions of the Merchant Offerings advertised on the website are provided by the Merchant or other referenced third parties. Nabu does not investigate or vet Merchants. Nabu is not responsible for any claims associated with the description of the Merchant Offerings. Pricing relating to certain Merchant Offerings and other available programs on the website may change at any time in Nabu’s sole discretion without notice.

A Merchant may advertise services or experiences on the website that require Merchant to have an up-to-date regulatory authorization, license, or certification. Nabu does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any Merchant. You should make whatever investigation you deem necessary or appropriate before purchasing any Merchant Offering to determine whether: (i) Merchant is qualified to provide the advertised experience or perform the advertised service; or (ii) the service is of the care and quality required. Merchant is solely responsible for the care and quality of the services being provided.

Nabu is not an education, health or wellness provider and does not, will not, and cannot refer, recommend, or endorse any specific professional services, products, or procedures that are advertised on the website. The website is not a substitute for professional advice, including, without limitation, medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health condition. Never neglect to seek out or delay or disregard professional advice relating to your health because of something you have read on the website.

Nabu may, in its sole discretion, verify a user’s identity prior to processing a purchase. Nabu may also refuse to process a purchase, may cancel a purchase, or may limit quantities to particular addresses, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Use. Refunds for cancelled orders may be issued where appropriate.

If a Merchant Offering becomes unavailable between ordering and processing, Nabu will either cancel or not process the order and will notify you by email.

Nabu does not guarantee that it offers the best available rates or prices and does not guarantee against pricing errors. Nabu reserves the right, in its sole discretion, to not process or to cancel any orders placed, including, without limitation, if the price was incorrectly posted on the website. If this occurs, Nabu will attempt to notify you by email. In addition, Nabu reserves the right, in its sole discretion, to correct any error in the stated retail price of the Merchant Offering.

(b) Merchant Offerings

(i) Vouchers

Vouchers are distributed by Nabu and are redeemable for certain services or experiences offered by, or facilitated through, the Merchant identified on the Voucher. The Merchant is solely responsible for redeeming the Voucher. Furthermore, the Merchant is fully and solely responsible for the care and quality of all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release Nabu and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the goods, services or experiences a Merchant provides in connection with the Voucher.

By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any Voucher, you agree specifically to the terms on the Voucher and any additional deal-specific terms advertised in connection with and on the Voucher at the time of purchase, the Terms of Use and these Terms of Sale. These rules apply to all Vouchers that we make available, unless otherwise disclosed in connection with the purchase of a particular Voucher, and except as otherwise required by law. In the event of a conflict between these rules and the terms advertised in connection with and on the Voucher at the time of purchase, the terms advertised in connection with and on the Voucher at the time of purchase will control. Any attempt to redeem a Voucher in violation of these Terms of Use (including, without limitation, the Terms of Sale) will render the Voucher void.

The Merchant is the sole issuer of the Voucher. Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification, or trade of Vouchers is prohibited. Pricing relating to certain Merchant Offerings on the website may change at any time in Nabu’s discretion, without notice.

Some Vouchers are redeemable for a ticket for admission, or may be used as a ticket for admission, to a specific event at a named venue. Such Admission Vouchers have no value once the event date and time has passed. Admission Vouchers are final sale and non-refundable, unless otherwise stated. Admission Vouchers do not include any applicable gratuity. Unless a specific exception is made. Admission Vouchers are not eligible for upgrades and are not transferable. Certain resale premiums and restrictions may apply. Admission Vouchers obtained from unauthorized sources may be lost, stolen, or counterfeit, and if so are void.

Opening acts, as well as individual performers, are subject to change or cancellation at any time without notice or recourse by you. Venues may search you as a condition of admission and ban or restrict certain items from being brought to the event and impose other rules on ticket-holders. You agree to all such rules and conditions and waive any related claims that may arise in conjunction with their imposition or execution. A ticket is a revocable license and admission may be refused for violation of the venue’s rules without refund, or for any or no reason upon refunding the amount paid. You voluntarily assume all risks and danger incidental to any event for which any Admission Vouchers are issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against Nabu, the venue, the issuer of the Admission Vouchers, and all of their respective affiliates, agents, officers, directors, owners, and employees on behalf of yourself and any accompanying minor. You agree not to record or transmit or aid in recording or transmitting, any description, account, picture or reproduction of any event for which you purchase Admission Vouchers. You agree that any event for which you purchase Admission Vouchers is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature and that you have no expectation of privacy with regard to your actions or conduct at the event.

(ii) Getaways

Getaways that you purchase through the website are subject to the terms below:

Nabu Getaways is a Nabu-facilitated hotel or travel package at a named Merchant available for purchase for a limited period of time (“Nabu Getaways”). Unless otherwise specified, a Nabu Getaways is non-transferrable. A Nabu Getaways may not be sold, auctioned, or bartered. Cancellations to Nabu Getaways may only be made through Nabu until the deadline specified in connection with the Nabu Getaways. Cancellations to any Nabu Getaways after the cancellation deadline and modifications to the traveler’s name are at the discretion of the Merchant and not Nabu. Nabu does not facilitate and is not liable for any special requests, which may be accommodated directly with the Merchant prior to check-in at the Merchant’s discretion. Nabu strongly encourages all travelers to obtain independent travel insurance. You agree to abide by any additional rules and restrictions that the Merchant may require and violation of such additional rules and restrictions may result in additional charges and/or the cancellation of your Nabu Getaways.

(iii) Merchant Services

Through the website, certain Merchants allow you to purchase various services directly from the Merchant. Terms and conditions regarding such services and returns will vary by Merchant and will be stated in the Merchant’s deal terms. Charges for delivery and applicable sales taxes may be added at checkout. Once you click the “Buy” button, Nabu will notify the Merchant of your requested order. Your purchase is not complete until you receive an email from Nabu confirming whether or not the Merchant has accepted your order. Merchant is solely responsible for all Merchant Products purchased through the website.

(iv) Merchant Gift Cards

Merchant Gift Cards are offered by Merchants to consumers subject to the terms and conditions specified by the Merchant on the face of the Merchant Gift Card. By obtaining or purchasing a Merchant Gift Card through the website you acquire the right to redeem the Merchant Gift Card with the Merchant. Any service fee retained by Nabu from the sale of a Merchant Gift Card is compensation to Nabu for marketing, promoting, advertising, and distributing the Merchant Gift Cards on behalf of the Merchant. As the issuer of the Merchant Gift Card, the Merchant shall be fully responsible for any and all Liabilities, caused in whole or in part by the Merchant, as well as for any Liabilities arising from any regulatory action. Nabu does not make any warranty in relation to the Merchant Gift Cards, including, without limitation, their validity or value. Nabu is not a party to any transaction that the Merchant and you may enter into as a result of you purchasing any Merchant Gift Card.

(v) Bookings

Through the website, certain Merchants allow you to schedule use of your Voucher on a specific date and time and make any additional payments through the website. Any additional charges that may be charged after the Booking, such as applicable gratuity, will be disclosed in connection with the Booking. Your Booking is not complete until you receive confirmation from Nabu that the Booking is confirmed. Any scheduling restrictions, such as maximum group size or time and date availability, will be specified in connection with the Booking. The Merchant is solely responsible for honoring any booking that is not booked through the website. A Booking may not be sold, auctioned, or bartered. Additionally, the Merchant is solely responsible for the care and quality of all goods and services it provides to you. Nabu does not facilitate nor is it liable for any special requests that the Merchant may accommodate at its discretion. It is within the Merchant’s sole discretion to provide an alternative date and time after a missed Booking.

If you purchase a Voucher but do not make Booking, the terms applicable to the amount paid and promotional value for traditional Vouchers apply. Restrictions regarding cancellation or rescheduling deadlines and availability of appointments may vary by Merchant and will be no less than 24 hours before your scheduled Booking, unless stated otherwise in connection with the Booking. If you do not cancel or reschedule your Booking before such cancellation or rescheduling deadline, your Voucher will be redeemed after such deadline passes. Nabu will not provide a refund for any missed Booking if you do not cancel or reschedule before the deadline stated in connection with the Booking. The Merchant is solely responsible for all availability and all goods and services provided on and/or through the website.

Nabu Terms and Conditions

Nabu Village, Inc. (“Nabu”) Terms and Conditions - Effective December 1st, 2020

Hi! Welcome to Nabu’s website, thanks a ton for using our products and services which are branded as “Nabu” (collectively, the “Services”).

Nabu is an Artificial Intelligence crowdfunding platform that allows users to offer, buy and fund meaningful and enriching gift experiences, replacing needless material toys presents.

By using the Services, you are agreeing to these Terms of Use (“Terms”). You’re also agreeing to our Privacy Policy and Cookie Policy, and agreeing to follow any other rules on the Services, like our Community Guidelines. Please read them carefully.

These Terms describe the conditions under which Nabu and its affiliates provide their Services to you and describe how the Services may be accessed and used. We may change the Terms from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email, If you keep using Nabu after a change, that means you accept the new terms.

If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

Certain country-specific terms may apply to you if you are located outside the United States.

Registration

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live.

You can browse Nabu without registering for an account. But to use some of Nabu’s functions, you’ll need to register, choose a username, and set a password. The information you give us has to be accurate and complete. If you don’t follow these rules, we may cancel your account.

You’re responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone used your account without your permission, you should report it to web@nabu.life.

You can terminate your account at any time through your account settings. We may retain certain information as required by law or as necessary for our legitimate business purposes. All provisions of this agreement survive termination of an account, including our rights regarding any content you’ve already submitted to the website.

Nabu’s rights

To protect the integrity of Nabu’s system and to help ensure that users, Merchants and Beneficiaries enjoy a safe and secure environment, Nabus reserves these rights:

a. We can make changes to the Nabu website and Services without notice or liability.

b. To decide who’s eligible to use Nabu. We may in limited circumstances impose restrictions or limitations on accounts, or—for particularly significant or repeated violations of our Terms or any other rules on the website, we may also cancel accounts or decline to offer our Services. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Nabu in that jurisdiction.

c. To cancel any pledge to any project, at any time and for any reason.

d. We have the right to reject, cancel, interrupt, remove, or suspend any Merchant Offering at any time and for any reason.

Nabu is not liable for any damages as a result of any of these actions. It is our general policy not to comment on the reasons for any such action. However, if we impose restrictions on or limit a verified account holder’s access to any of our Services or if we intend to cancel a verified account, we will let the account holder know the reasons for this action and how they can remedy any issues (where appropriate), unless we’re prohibited from doing so by law or in the interest of safety. For account cancelations, we will let the account holder know the reasons for this action at least 30 days in advance, unless we’re canceling for reasons related to illicit or inappropriate content, the safety of a good or service, counterfeiting, fraud, malware, spam, data breaches, other cybersecurity risks, or the suitability of a good or service for minors.

Limits to the Services

Nabu is a place of joyful and learning experiences, please keep it that way and:

Respect the law. Don’t take any action that infringes or violates other people’s rights, the law, or breaches any contract or legal duty you have toward anyone.

Be honest, don’t post information you know is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.

Offer services that are in compliance with the law and regulations. Don’t offer any rewards that are illegal, violate any of Nabu’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.

Be respectful. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.

Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists or any kind of auto-responder or spam on or through the Services.

Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Services.

Don’t abuse other users’ personal information. You may receive information about other users, including things like their names, email addresses, and postal addresses. This information is provided for the purpose of participating in a Nabu Services, please don’t use it for other purposes.

Don’t try to interfere with the proper workings nor bypass any measures of the Services including any action that imposes an unreasonable load on our infrastructure.

Respect our IP and don’t take apart or reverse engineer any aspect of Nabu in an effort to access things like source code, underlying ideas, or algorithms.

Merchants and Service providers

Nabu is a web base platform through which certain merchants offer meaningful gift experiences i.e. martial arts, summer camps or surf lessons (collectively “Merchant Offerings ”). Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to buyers for the care, quality, and delivery of the goods and services provided.

Merchants will respond promptly and truthfully to all questions posed to them by Nabu or any buyer or user of the Service. If any Merchant is unable to fulfill any of its commitments to buyers or users (including delivering any Merchant Offering), the Merchant will work with the buyer to reach a mutually satisfactory resolution, which may include full and immediate refunding. Merchants are responsible for collecting and remitting any taxes on contributions, and any taxes due in connection with Merchant Offerings.

Terms of Sale

By purchasing or obtaining any Merchant Offering via the Services, you agree to the attached Terms of Sale.

Crowdfunding for Merchant Offerings

For users, the platform provides the chance to buy or crowdfund the Merchant Offerings. User may buy a full Merchant Offering or crowdfund with other users for such Merchant Offering.

The beneficiary of the Merchant Offering may complete partial Merchant Offerings in case they are not fully funded. [Also they may transfer funds from different Merchant Offerings gifted to such Beneficiary].

[Once the Merchant Offering is fully founded, that particular gift option will no longer be available and users must choose a different Merchant Offering.]

[Nabu will notify the Beneficiary every time he reaches any Merchant Offering goal.]

Please note that certain Merchant Offerings and pricing on the website may change at any time in Nabus’s sole discretion, without notice.

Fees

Creating an account on Nabu is free. If a user buys a Merchant Offering for a Beneficiary, we collect a 12% fee and our payment partners collect fees. Our partners’ fees may vary slightly based on your location.

If our fees ever change, we’ll announce that on our website. Some funds pledged by users are collected by payment providers. Each payment provider is its own company, and Nabu isn’t responsible for its performance.

You’re responsible for paying any additional fees or taxes associated with your use of Nabu.

Limitations on liability

NABU (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO NABU FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NABU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

For jurisdictions that do not allow Nabu to limit its liability: Notwithstanding any provision of the terms, for users in a jurisdiction that has provisions specific to waiver or liability that conflict with the foregoing, then Nabu’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Nabu does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future.

Disclaimer of warranties

AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. NEITHER NABU, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, SERVICES, OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE WEBSITE. THE WEBSITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE WEBSITE, MERCHANT OFFERINGS, SERVICES AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, NABU HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE WEBSITE OR THE MERCHANT OFFERINGS, SERVICES, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE PROVIDER OF SERVICES OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY NABU THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.

Indemnification

You agree to defend, indemnify, and hold harmless Nabu, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any User Content submitted or posted by you, in connection with the website, or any use of the website in violation of these Terms of Use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable U.S. or foreign law or rights of a third-party.

You are solely responsible for your interactions with Merchants and other users of the website. To the extent permitted under applicable laws, you hereby release Nabu from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the website, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.

Force majeure

Nabu shall be excused from performance under these Terms of Use, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Nabu or a Merchant, as applicable.

Intellectual Property

Nabu content

Nabu’s Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works of the Service.

Users content

Nabu doesn’t own the content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit content to our Services, you agree to these terms:

Nabu can use the Content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. In general, we use this Content to promote Merchant Offerings and showcase our community on the website. There are many factors that we take into consideration before featuring a Merchant Offering on the website. This includes, but is not limited to, a crisp experience image, a clear and detailed description that includes a thorough plan for completing your services, captivating images or videos, an excited community, what we think different users will be interested in, and of course, a lot of creativity. We may also recommend projects that are gaining traction as a result of our Artificial Intelligence algorithm that we believe will match your test based on your profile, location, prior search terms, browsing history, project backings and other interactions, and cookies we have collected during their visits to our website.

When we use the Content, Nabu can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content. You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Nabu all the license rights outlined here).

Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Nabu’s hosting of that Content.

You declare that if we use your Content, we’re not violating anyone’s rights or copyrights. If Nabu or its users exploit or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You’re responsible for the stuff you post. All information submitted to the website or Services, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that Content originated. We’re not responsible for mistakes in your Content. Nabu will not be liable for any errors or omissions in any Content.

The website, any content on the website, and the infrastructure used to provide the website are proprietary to Nabu, Merchants, and other content providers. By using the website and accepting these Terms: (a) Nabu grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the website pursuant to these Terms and to any additional terms and policies set forth by Nabu; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the website without the express permission of Nabu.

Infringement Reporting Procedures.

If you own copyright, trademark, patent, or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorized to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material on the website infringe the IP Rights Owner’s copyright, trademark, or other intellectual property right, and you would like to bring it to Nabu's attention, you can report your concern(s) by submitting your complaint here .

Nabu reserves the right to terminate your, or any third-party’s, right to use the website if such use infringes the copyrights of another. Nabu may, under appropriate circumstances and at its sole discretion, terminate your, or any third-party’s, right to access the website, if Nabu determines that you are, or a third-party is, a repeat infringer. If you believe that any material has been posted via the website by any third-party in a way that constitutes copyright infringement, and you would like to bring it to Nabu's attention, you must provide Nabu's DMCA Agent identified below with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the website of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including, without limitation, telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The contact information for Nabu’s DMCA Agent for notice of claims of copyright infringement is: Nabu Village, Inc. Attn: Copyright Agent, 3918 W Chandler Blvd Burbank, CA, email: web@nabu.life.

Assignment

You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Nabu. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Nabu may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

Entire Agreement

The Terms of Use, including, without limitation, the incorporated Terms of Sale, Privacy Policy, and other terms incorporated by reference, constitute the entire agreement and understanding between you and Nabu with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Nabu with respect to such subject matter.

Choice of Law

Any disputes arising out of or related to these Terms of Use and/or any use by you of the website or Nabu’s Services shall be governed by the laws of the State of California, without regard to its choice of law rules and without regard to conflicts of laws principles.

Dispute Resolution/Arbitration Agreement

(a) Binding Arbitration . Except as specifically stated herein, any dispute or claim between you and Nabu and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (all such entities collectively referred to herein as the “Nabu Entities”) arising out of, relating in any way to, or in connection with the Terms of Use, the website or your use of the Website, your Personal Information, or any Services or Merchant Offerings (“Dispute(s)”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and Nabu are each giving up the right to go to court and have a Dispute heard by a judge or jury. The provisions of this Section shall constitute your and Nabu’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Consumer-Arbitration Rules, available at https://www.adr.org/consumer. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award, if appropriate.

To begin an arbitration proceeding, you must submit the Dispute by utilizing the forms available at https://www.adr.org/consumer, and simultaneously sending a copy of the completed form to the following address: 3918 W Chandler Blvd Burbank, CA. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. The arbitration will be conducted based upon written submissions unless you request, and/or the arbitrator determines, that a telephone or in-person hearing is necessary. In addition, you hereby unconditionally agree that (1) the arbitrator’s decision shall be controlled by these Terms of Use and any of the other agreements referenced herein that you may have entered into in connection with the website; (2) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; and (3) in the event the AAA is unavailable or unwilling to hear the Dispute, you and the applicable Nabu Entity(ies) shall agree to, or a court shall select, another arbitration provider.

(b) No Class Action Matters . We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.

(c) Choice of Law and Forum; No Jury Trial . If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, which you shall have the right to bring in a court of competent jurisdiction in the county in which you reside, you and Nabu agree that any Dispute may only be instituted in a state or federal court Los Angeles County,; (ii) you and Nabu irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) you and Nabu agree to waive any right to a trial by jury. You and Nabu agree that the Federal Arbitration Act, the AAA rules, applicable federal law, and the laws of the State of California, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes.

(d) Injunctive Relief . Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the website, and/or any illegal or intentional act against your interests or the general business interests of Nabu.

(e) Severability . If any part of this Terms of Use is ruled to be unenforceable, then the balance of this Terms of Use shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

License to Sell Travel Services

Nabu does not have a license nor offer travel services.

Additional Disclosures

No waiver by either you or Nabu of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.

You are contracting with Nabu Village, Inc. Correspondence should be directed to: 3918 W Chandler Blvd Burbank, CA https://nabu.life/.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.

The provisions of these Terms of Use apply equally to, and are for the benefit of, Nabu, its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.


If you have any questions about our Terms, feel free to contact us at web@nabu.life