Conditions of Use
TERMS OF USER AGREEMENT
This Terms of User Agreement (“Agreement”) constitutes a legally binding agreement between you, whether personally or on behalf of an entity ("User," "you," "your," or "yourself") and PriceTrace LLC (“Neineiwu”, “we” or “us”) and governs your use and access to www.Neineiwu.com and other affiliated social media accounts owned by Neineiwu at Sina Weibo, Facebook, Twitter, Renren, Weixin, etc. and any other websites, mobile and other applications, or services that post a link to this Agreement and the information, forums, content and services that Neineiwu owns, controls or makes available therein (collectively “Sites and Forums”), whether as a guest or a registered user.
By accessing or using the Sites and Forums or by clicking “Accept” or “Agree” to this Agreement when this option is made available to you, you accept and agree to abide by the terms of this Agreement.
I. AGE RESTRICTION
By accessing or using any of the Sites and Forums, you represent and warrant that you are 13 years of age or older. If you do not meet this requirement, you must not access or use any of the Sites and Forums under any circumstances and should not send any information about yourself to us through the Sites and Forums.
II. ACCOUNTS
User may use Neineiwu Sites and Forums without registering a user account. In order to use certain services on the Sites and Forums, User will need to create an account. All the information User provides when User creates the account must be true, accurate, current and complete. User is responsible for all activities in User’s account as well as the security and protection of login information and passwords.
To be eligible to use or access Neineiwu Sites and Forums, you must meet the following criteria and you hereby represent and warrant that you:
(1) are thirteen (13) years of age or older;
(2) are not currently restricted from our services, or not otherwise prohibited from having an Neineiwu account;
(3) are not a competitor of Neineiwu or are not using the account for reasons that are in competition with Neineiwu;
(4) have full power and authority to enter into this Agreement, including on behalf of any entity or other person for whom you are acting as a representative, and doing so will not violate any other agreement to which you, or the person or entity you are representing, is a party;
(5) will not violate any rights of Neineiwu, including intellectual property rights such as copyright or trademark rights;
(6) will not violate any of the terms of this Agreement; and
(7) agree to provide at your cost all equipment, software, and internet access necessary to use Neineiwu Sites and Forums or your account.
By using any of the Sites and Forums, you also agree that you are not acting as an agent, representative, or independent contractor of Neineiwu and that you expressly deny that you have created any such relationship.
III. RULES FOR POSTING MESSAGES ON SITES AND FORUMS
To post messages on Neineiwu Sites and Forums, User must register as a unique user name. Duplicate user names are not allowed, so if the name that User entered is already in use, User will be prompted to choose another one.
Neineiwu, at its own discretion and without notice, may bar registration from any specific email service or ISP for any reason. Any message posted on any of the Sites and Forums, including any files attached to posts, expresses only the views of the author of the message and does not necessarily reflect the views of Neineiwu or any person or entity associated with it.
User agrees that he or she is entirely responsible for the content of, and any harm resulting from, your postings to any of the Sites and Forums. Accordingly, neither Neineiwu, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any information posted on Sites and Forums.
User agrees by posting or contributing content to the Neineiwu Sites and Forums, represents and warrants that he or she is not and shall not be in violation of the terms and conditions of any third-party coupon website.
User agrees that User will not use the Sites and Forums to post any material, or links to any material, or to attach files, which include materials that:
a) infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;
b) does not fully comply with any third-party licenses relating to your content and that you have done all things necessary to successfully pass through to viewers any required terms;
c) are obscene, lewd, lascivious, filthy, excessively violent, hateful, harassing or otherwise objectionable, libelous or slanderous, incite, encourage or threaten immediate physical harm against another, violate any applicable law, regulation, or rule, and/or violate the privacy or publicity rights of any third party;
d) solicit personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and violates any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
e) violate any state or federal law or regulation designed to regulate electronic advertising;
f) amounts to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
g) contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
h) inundates the Sites and Forums with communications or other traffic suggesting no serious intent to use the website for its stated purpose;
i) if your employer has rights to the intellectual property you posted, unless you have either (i) received permission from your employer to make available the posting, or (ii) secured from your employer a waiver as to all rights in or to your posting;
j) constitutes, contains, installs or attempts to install or promotes spyware, malware or other computer code, whether on Neineiwu’s or others computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of Neineiwu or another party;
(k) otherwise violate any provision of this Agreement or any applicable law or regulation; and
(l) contain any copyrighted material without the express permission from the owner of the copyrighted material, unless such copyright is owned by User or Neineiwu.
User hereby grants Neineiwu a perpetual, world-wide, royalty-free license to distribute, copy, adapt, reproduce, transmit, and otherwise use content and information User posts on Neineiwu Sites and Forums for any purpose and in any media now known or hereinafter developed.
User expressly agrees that Neineiwu is free to use any ideas, concepts, know-how, or techniques contained in any posting or communication User sends to Neineiwu without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
Neineiwu reserves the right to delete any message for any reason whatsoever, at Neineiwu’s sole discretion. User agrees that User is solely responsible for the content of User’s messages, and any harm resulting therefrom and that User will indemnify and hold harmless Neineiwu and its agents and employees with respect to any claim based upon the appearance and/or transmission of User’s posting(s). User also agrees to pay Neineiwu its reasonable attorneys’ fees incurred in defending against any claims made against Neineiwu arising out of or relating to the appearance and/or transmission of any of User’s posting(s).
IV. OFFERS BY THIRD PARTIES
Neineiwu provides online coupons as a free service to its Users. Accordingly, User will find third party coupons, deals, advertisements, promotions and other offers on the Sites and Forums (collectively "Offers" or individually an “Offer”). Offers are for products and services provided by third parties (each, a "Seller"), and if User chooses to accept an Offer, the transaction will be between User and the Seller. Neineiwu is not a party to, or in any way responsible for, User’s transaction with a Seller.
Before User purchases a product or service or otherwise accepts an Offer, please read the entire description of the Offer, including the fine print and any additional terms and conditions set forth on the Seller’s website. Users are responsible for understanding what User is buying and for following the Seller’s instructions. The terms and conditions of an Offer, including refund and cancellation policies, are governed by the Seller’s policies. Neineiwu has no control over the Seller’s policies. Neineiwu is not responsible for User’s transaction with the Seller in any event. Please contact the Seller directly for questions regarding the Offer or User’s transaction with the Seller.
Moreover, Neineiwu is not responsible for the redemption, errors/omissions, or expiration of online coupons and it is User’s responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process of a Seller. Neineiwu is not responsible for fulfilling any Offer.
All Offers and promotions on the Sites and Forums are subject to change without notice.
Neineiwu has no control over the legality of any Offers made by Seller, the ability of any Seller to complete the sales in accordance with any Offers, or the quality of the goods offered by a Seller. Neineiwu has no control over whether a Seller will honor any Offer shown on Sites and Forums, and does not guarantee the accuracy or completeness of the information contained on Neineiwu’s Sites and Forums or the Seller’s websites.
In the event User has a dispute with a Seller in any way relating to the Sites and Forums or the use of information from the Sites and Forums, User agrees to waive and release Neineiwu from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
V. Neineiwu PROGRAMS
From time to time, Neineiwu may create gift cards, loyalty or other marketing programs, or contests for the benefits of its users (referred to hereafter individually as a “Program” or collectively as “Programs”). The use of or registration for any of the Programs constitute acceptance of this Terms of User Agreement and any additional specific terms and conditions that may apply to each specific program.
Neineiwu has the unilateral right to discontinue, or change from time to time or at any time, any of the Programs without prior notice. Be sure to check the individual Program terms periodically for updates, as your continued participation in the any Program signifies your acceptance of any changed terms and conditions.
VI. GENERAL PROVISIONS
1. Restrictions and Prohibited Activities
You agree that you will not:
(a) conduct or participate in criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, or stalking;
(b) advertise to, or solicit any user to buy or sell any products or services;
(c) transmit chain letters or junk email to other users;
(d) use any information obtained from the website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
(e) engage in any automated use of the system, such as using scripts to add friends or send comments or messages;
(f) interfere with, disrupt, or create an undue burden on any of the Sites and Forums or the networks or services connected thereto;
(g) attempt to impersonate another user or person;
(h) use the username of another user;
(i) sell or otherwise transfer your profile;
(j) use any information obtained from the website in order to harass, abuse, or harm another person;
(k) scan, scrape, harvest, monitor or copy any information from any of the Sites and Forums for data gathering purposes in an effort to track sales, usage, aggregate Offer information, pricing information, coupon codes, or similar data;
(l) use the website in a manner inconsistent with any and all applicable laws and regulations;
(m) collect any content from the Sites and Forums, including without limitation, collecting, copying, or aggregating coupon codes or deals, and providing such content to third parties in a manner that diverts traffic from Neineiwu's Sites and Forums without Neineiwu's express written permission;
(n) interfere with the proper operation of or any security measure used by any of the Sites and Forums;
(o) infringe any intellectual property or other right of Neineiwu or any third party;
(p) use any of the Sites and Forums in a way that depletes web infrastructural resources, slows the transferring of loading of any web page, or interferes with the normal operation of them;
(q) submit any content that is purposely inaccurate, fraudulent, or falsifies information in connection with your Neineiwu account or to create multiple Neineiwu accounts;
(r) use the Sites and Forums or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with Neineiwu; or
(s) otherwise violate the terms of this Agreement.
2. Disclaimers and Limitations on Liability
THE SITES AND FORUMS, AND THEIR RESPECTIVE CONTENTS, AND EACH THIRD PARTY WEBSITE ACCESSIBLE FROM OR THROUGH THIS SITE, ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. Neineiwu MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, INFORMATION PROTECTION, QUIET ENJOYMENT AND ALL IMPLIED WARRANTIES INCLUDING THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Neineiwu DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THE SITES AND FORUMS IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT DELAMOON OR ANY OF ITS PRODUCTS OR SERVICES. Neineiwu UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY OF SUCH INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THERFORE STRICTLY AT YOUR OWN RISK.
EVERY EFFORT IS MADE TO KEEP THE SITES AND FORUMS UP AND RUNNING SMOOTHLY. HOWEVER, Neineiwu TAKES NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE FOR ANY OF THE SITES AND FORUMS BEING UNAVAILABLE.
USER ALSO AGREES THAT Neineiwu WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN USER AND ANY SELLER, AND USER HEREBY EXPRESSLY WAIVES ANY SUCH CLAIM AGAINST Neineiwu AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. Neineiwu DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY SELLER OR SUPPLIERS. Neineiwu DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO SITES AND FORUMS WILL BE UNINTERRUPTED OR ERROR-FREE, AND Neineiwu ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY USER’S ACCESS, OR INABILITY TO ACCESS, SITES AND FORUMS, INCLUDING, BUT NOT LIMITED TO, USER’S INABILITY TO RECEIVE DISCOUNTS OR APPLY COUPONS BY PURCHASING ITEMS WITH A PARTICIPATING SELLER.
IN NO EVENT, SHALL Neineiwu BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT, REVENUE OR USE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH (i) USER’S USE OF OR INABILITY TO USE ANY OF THE SITES AND FORUMS; (ii) ANY ACT OR OMISSION BY Neineiwu IN ADMINISTERING ANY OF THE SITES AND FORUMS; (iii) ANY CONTENT FOUND ON ANY OF THE SITES AND FORUMS (iv) A THIRD PARTY’S UNATUHROIZED ACCESS TO YOUR INFORMATION OR (v) THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF SELLERS OR SUPPLIERS, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR Neineiwu HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT SHALL THE TOTAL LIABILITY OF Neineiwu OR ANY OF THEIR OWNERS, OFFICERS, MEMBERS OR EMPLOYEES TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, EXPENSES, ATTORNEYS FEES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH (i) USER’S USE OF OR INABILITY TO USE ANY OF THE SITES AND FORUMS; (ii) ANY ACT OR OMISSION BY Neineiwu IN ADMINISTERING ANY OF THE SITES AND FORUMS; (iii) ANY CONTENT FOUND ON ANY OF THE SITES AND FORUMS (iv) A THIRD PARTY’S UNATUHROIZED ACCESS TO YOUR INFORMATION OR (v) THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF SELLERS OR SUPPLIERS, EXCEED THE GREATER OF (A) THE PRICE YOU PAID TO USE OR ACCESS ANY OF THE SITES AND FORUMS OR (B) $100.00.
YOU AGREE THAT NO SUIT, CLAIM OR CAUSE OF ACTION FOR BREACH OF THIS AGREEMENT MAY BE BROUGHT BY YOU UNLESS SUCH SUIT, CLAIM OR ACTION IS BROUGHT WITHIN TWO YEARS AND ONE DAY AFTER THE CAUSE OF ACTION FOR BREACH OF THIS AGREEMENT ACCRUES. YOU ALSO AGREE THAT NO OTHER CLAIMS OR CAUSES OF ACTION THAT RELATE TO OR ARISE OUT OF THIS AGREEMENT OR THE COMPANY’S BUSINESS RELATIONSHIP WITH YOU MAY BE BROUGHT BY CLIENT AGAINST COMPANY UNLESS SUCH CLAIM OR CAUSE OF ACTION IS BROUGHT WITHIN ONE YEAR OF THE DATE THE CLAIM OR CAUSE OF ACTION ACCRUES.
3. Indemnity
USER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS Neineiwu, ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, AND EMPLOYEES, FROM AND AGAINST ANY ACTUAL OR THREATENED DEMANDS OR ANY KIND OR NATURE, LAWSUITS, ARBITRATIONS, CIVIL OR CRIMINAL LIABILITIES, LOSSES, DAMAGES, CAUSES OF ACTION, JUDGMENTS, AND EXPENSES INCLUDING COURT COSTS, EXPERT FEES, AND ATTORNEYS’ FEES MADE, OR ASSERTED, AGAINST THEM BY ANY THIRD PARTY DUE TO, ARISING OUT OF, OR IN CONNECTION WITH (i) USER’S USE OR ACCESS OF THE SITES AND FORUMS; (ii) MATERIALS PROVIDED TO Neineiwu BY YOU; (iii) YOUR COMPLIANCE WITH THE TERMS OF THIS AGREEMENT AND (iv) ANY REPRESENTATIONS YOU MADE TO Neineiwu.
YOU SHALL CONDUCT ANY DEFENSE WITH DUE DILIGENCE AND IN GOOD FAITH WITH COUNSEL SATISFACTORY TO Neineiwu. SHOULD YOU BREACH YOUR DEFENSE OR INDEMNITY OBLIGATIONS, AND FAIL TO CURE SUCH BREACH AFTER WRITTEN NOTICE, Neineiwu MAY AT YOUR SOLE COST AND EXPENSE ASSUME THE DEFENSE AND DEFEND OR SETTLE THE ENTIRE CLAIM.
4. Amending the Agreement
Neineiwu may change the terms of this Agreement from time to time by posting them to this page. Any changes will be effective immediately at the time of posting. Your continued access or use of the Sites and Forums is your acceptance and agreement to be bound by the revised and updated agreement. Accordingly, you should check the terms of this Agreement regularly to determine if this agreement has been modified or changed. You may also accept the terms of any revised and updated Agreements by clicking “Accept” or “Agree” to the revised agreement if this option is made available to you. If you do not want agree to any modification to the Agreement, you shall immediately terminate your User name, password and registration and stop using your account.
5. Compliance with Laws and Regulations
User agrees to comply with all applicable laws, rules and regulations. User may participate in Sites and Forums if and to the extent that such participation is permitted by such laws, rules and regulations. Neineiwu may refuse to enroll, or restrict, modify or terminate the username, password and registration without liability to User or to any other third party if User violates any law, rule or regulation, or if User’s participation could raise the concern of violating any law, rule or regulation, or the terms of this Agreement.
6. Proprietary Rights to Content
User acknowledges that the Sites and Forums content, including but not limited to: text, sounds, photographs, graphics, user interfaces, trademarks, logos, video, artwork, computer code, or other material contained in any communication, advertisements or messages, whether by Neineiwu or Neineiwu’s advertisers, Seller or affiliated merchants, and service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. User is only permitted to use content, service, or software as expressly authorized by Neineiwu, its advertisers, Seller and affiliated merchants, as the case may be. User acknowledges that all the intellectual property rights in the Sites and Forums are owned by Neineiwu or Neineiwu’s licensors. Access or use of the Sites and Forums does not transfer to User or any third party any rights, title or interest in or to such intellectual property rights.
7. No Right to Copy Site
No part or content of the Neineiwu Sites and Forums may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise or commercial purpose, without Neineiwu's express prior written consent.
8. Use of Third Party Links
Some links on the Neineiwu Sites and Forums will redirect you to third-party sites. These sites are not managed or controlled by Neineiwu and you therefore access them at your own risk. The appearance of a link on the Sites and Forums do not constitute an endorsement by Neineiwu and Neineiwu is not responsible for the content found on any linked site.
9. Credit Card Notice
Neineiwu has financial relationships with some of the credit card issuers’ affiliated programs mentioned on Sites and Forums and may be compensated if consumers choose to apply for such cards through its links in the content, and ultimately sign up for them. The related content posted by Neineiwu on Sites and Forums is not provided or commissioned by the credit card issuers. The related opinions expressed by Neineiwu on Sites and Forums are not from the credit card issuers and have not been reviewed, approved or otherwise endorsed by the credit card issuers.
10. Suspension and Termination
Neineiwu retains the right, at its sole discretion, to terminate your authorization to access or use the Sites and Forums or to terminate your account at any time and for any reason. Possible reasons for terminating your authorization to access or use the Sites and Forums or suspend or terminate your account may include, but is not limited to, if you violate any terms of this Agreement, if you cause liability to other users of the Sites and Forums, if you do not use your account, or if your account is inactive for twenty-four (24) consecutive months or if the account has been associated with any questionable activity.
11. Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law rules, and User irrevocably consents to exclusive jurisdiction and venue in the courts and arbitration located in Collin County, Texas for all matters or actions arising out of, related to or in any way connected with this Agreement or User’s access or use of the Sites and Forums. Furthermore, you hereby agree to waive any right to contest venue or personal jurisdiction in Collin County, Texas.
12. Severability of Provisions
The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement is to be enforced to the fullest extent permissible by law. If any provision of this Agreement is determined in any proceeding binding upon the parties to be invalid or unenforceable, then that provision shall be deemed severed from the remainder of the Agreement, and the remaining provisions of the Agreement shall continue in full force and effect.
13. Incorporation of other terms and conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Sites and Forums, including contests, promotions, or other similar features, all of which terms are made a part of the terms of this Agreement by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between the terms of this Agreement and the terms posted for or applicable to a specific portion of the Sites and Forums or for any service offered on or through the Sites and Forums, the latter terms shall control with respect to your use of that portion of the Sites and Forums or the specific service. Neineiwu's obligations, if any, with regard to its products and services are offered solely by the agreement pursuant to which they are provided, and nothing on the Neineiwu Sites and Forums shall be construed to alter such agreements.
14. Assignment
This Agreement shall inure to the benefit of and be binding upon any successor to or assignee, transferee, or purchaser of Neineiwu whether by contract, merger, or operation of law. Neineiwu in its sole discretion and without notice to you has the right to assign any and all rights and obligations under this Agreement to a third party. You shall not assign this Agreement without Neineiwu’s prior written permission. Any attempted assignment or delegation in contravention of this provision shall be void and ineffective.
15. Arbitration and Class Action Waiver
Any controversy or claim arising out of or relating to the terms of this Agreement or Neineiwu's Privacy Policy (including any claimed breach thereof) shall be settled by mandatory arbitration in accordance with the laws of the Federal Arbitration Act before a single arbitrator. If Neineiwu and User cannot agree on the appointment of an arbitrator, then such arbitrator shall be appointed by the American Arbitration Association. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Other than the initial filing fees to be paid by the person or entity bringing the Arbitration, the costs of the arbitration shall be split 50/50; provided, however, that the arbitrator has no ability to award attorney's fees or costs incurred on any person's behalf in connection with any arbitration proceeding. The Arbitrator is limited to deciding matters that exist between Neineiwu and User only. The Arbitrator shall follow the case and statutory authorities of Texas and federal law, as may apply to a particular claim. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEAN NEITHER USER NOR Neineiwu MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST EACH OTHER OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A PLAINTIFF, REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. ONLY A COURT, AND NOT AN ARBITRATOR, SHALL DETERMINE THE VALIDITY AND EFFECT OF THIS CLASS ACTION WAIVER. IF THE CLASS ACTION WAIVER IS DEEMED TO BE UNENFORCEABLE, Neineiwu AND USER AGREE THAT THIS AGREEMENT IS OTHERWISE SILENT AS TO ANY PARTY'S ABILITY TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION IN ARBITRATION. THE ARBITRATOR MAY NOT CONSIDER AND HAS NO AUTHORITY TO CONSIDER ANY CLAIMS ALLEGED AS CLASS OR COLLECTIVE ACTIONS OR AS A REPRESENTATIVE MATTER.
As noted, the Arbitrator's authority to resolve and make written awards is limited to claims between Neineiwu and User only. Claims of different individuals or entities may not be joined or consolidated in any arbitration between Neineiwu and User, and the Arbitrator has no authority whatsoever over such other claims, unless agreed to in writing by Neineiwu and User. Nonetheless, no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not named as a party to the arbitration.
16. Use outside of the United States/Void where prohibited
Neineiwu makes no representation that the information on the Sites and Forums is appropriate or available for use outside of the United States, and access to the Sites and Forums from territories where the content therein may be illegal is prohibited. If you access the Sites and Forums from outside the United States, be advised the Sites and Forums may contain references to products and services that are not available or are prohibited in your country.
Those who choose to access the Sites and Forums from outside of the United States do so based on their own initiative and are responsible for compliance with applicable local laws, about which Neineiwu makes no warranties or assumptions. Any offer for any feature, product or service on the Sites and Forums is void where prohibited.
17. Contact Information
Neineiwu may contact you using the contact information you provide us, including by email, phone, or mailing address. Neineiwu may need to contact you regarding your use of the Sites and Forums or your account, or to provide announcements about the Sites and Forums. Neineiwu may also contact you to provide you with promotional offers and other marketing. Please refer to Neineiwu's Privacy Policy to learn how to opt-out of marketing emails.
Neineiwu complies with all applicable laws and regulations on sending emails, including the CAN-SPAM Act. To request consent or to provide any other notice related to this Agreement, you can contact us here.
18. Unsolicited Submissions
Neineiwu appreciates receiving comments regarding its products and services. However, it cannot accept or consider ideas, suggestions, proposals, enhancements, materials, including, but not limited to, new products or services, ideas for advertising, promotions, or other marketing offerings other than those we have specifically requested. This policy is intended to help Neineiwu avoid future misunderstandings when new products, services, and features developed internally by Neineiwu might be similar or even identical to your idea.
If you send us an unsolicited suggestion, idea, proposal or other material (“Submission”), you agree and warrant that the Submission is non-confidential and non-proprietary and that Neineiwu may use such Submission or not, as it chooses, in its sole discretion. Neineiwu shall have no obligations to you concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential or to even review it), and shall not be liable for any use or disclosure of any Submission. Further, you understand and agree that the Submission becomes the sole property of Neineiwu. By submitting the Submission you also understand and agree that Neineiwu shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without the requirement to acknowledge you and without compensation to you.
19. Privacy Policy
Registration data and other personally identifiable information will be collected and used by Neineiwu consistent with our Privacy Policy, which is incorporated herein for all purposes. You can see our Privacy Policy.
20. Entire Agreement
This Agreement constitutes the entire agreement between you and Neineiwu regarding the access and use of the Sites and Forums. Neineiwu’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.