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Terms of Use

Last modified February 22, 2019

1. Your Acceptance

Welcome to the NachoNacho website. By using and/or visiting the NACHONACHO.COM website, including all Content (as defined below) or by accessing any associated content such as email feeds, RSS feeds, feeds through apps and linked social media accounts (collectively, the “Website”), which is operated by NachoNacho, Inc., a Delaware corporation, with a principal place of business at 104 1st Street, Los Altos, CA 94022 (“NachoNacho” or “We”), you (“You” or “Your”) signify Your agreement to these website terms and conditions (the “Terms of Use”).

You acknowledge (a) that You have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement.

If You are accepting this agreement on behalf of Your employer, You affirm that You have the authority to accept this agreement on its behalf. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

ATTENTION: PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THE WEBSITE. ACCESSING ANY PART OF THE WEBSITE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND RELATED POLICIES AND NOTICES IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND RELATED POLICIES AND NOTICES, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THE WEBSITE AND LEAVE THE WEBSITE IMMEDIATELY.

We reserve the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Website. You agree that NachoNacho shall not be liable to You or any third party in the event that We exercise our right to modify or discontinue the Website (or any portion of the Website). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms of Use.

We may change these Terms of Use at any time. Please review the Terms of Use each time You visit the Website. If We materially change these Terms of Use, We’ll let You know by sending an email to the account with which you registered. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE.

These Terms of Use include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by You, in Sections 3, 4, 7, 11-16, and 19. Please review those sections (and all other terms) carefully.

2. Privacy Policy

Our Privacy Policy describes the information NachoNacho collects when You and others use this Website. It also describes how NachoNacho uses any personal information You share with it. By agreeing to these Terms of Use, You are also consenting to our use of Your personal information in accordance with our Privacy Policy. Please click here to review our Privacy Policy.

3. Links To and From the Website

  1. These Terms of Use apply to all users of the Website, including users who are administrators, advertisers, or contributors of content, information, and other materials or services on the Website. The Website may contain links to third party websites and online services that are not owned or controlled by NachoNacho. NachoNacho has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, NachoNacho will not and cannot control or edit the content of any third-party website or online service. BY USING THE WEBSITE, YOU EXPRESSLY RELEASE NACHONACHO, ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, SUBCONTRACTORS, AND SUPPLIERS (COLLECTIVELY “THE NACHONACHO PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, We encourage You to be aware when You leave the Website and to read the terms and conditions of use for each other website or online service that You visit.
  2. Except as You have otherwise agreed with NachoNacho, You may link to the Website from Your website or online service, subject to the following: (1) You may not frame the Website or any portion of the Website (except You may do so with functionality provided by NachoNacho, if any); (2) You will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the NachoNacho name and not any logo; (4) You may not use any NachoNacho logo in any way; (5) You may not use the link in any way that suggests that NachoNacho is associated with or endorses You or Your website; (6) the link may not appear on any website or online service that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages NachoNacho or damages its rights, reputation or goodwill; and (7) We may terminate Your right to link to the Website at any time for any reason or no reason.

4. User Submissions

  1. The Website may permit the submission of text, graphics, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by You and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published or posted, NachoNacho (1) does not guarantee any confidentiality with respect to any User Submissions (except as described in our privacy policy), (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.
  2. You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. However, by submitting the User Submissions to NachoNacho, You hereby grant NachoNacho and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Website and NachoNacho’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any form and media formats and through any media channels. You also hereby grant each user of the Website a worldwide, non-exclusive, royalty-free license to access Your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.
  3. In connection with User Submissions, You represent and warrant that You will not: (i) submit or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant NachoNacho all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage NachoNacho or any third party; (iii) submit or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (iv) submit or post material that is otherwise inappropriate. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your posting or submitting User Submissions.NACHONACHO DOES NOT ENDORSE ANY USER SUBMISSION OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND THE NACHONACHO PARTIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS.NachoNacho does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Website, and NachoNacho will remove all Content (including User Submissions) if properly notified that such Content or User Submission infringes on another’s rights. (See Section 8 below). NachoNacho will not necessarily monitor User Submissions. However, NachoNacho reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. NachoNacho also reserves sole discretion to decide whether any Content (including a User Submission) is appropriate and complies with these Terms of Use.
  4. You understand that when using the Website, You will be exposed to User Submissions from a variety of sources, and that NachoNacho is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE NACHONACHO PARTIES WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE NACHONACHO PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE WEBSITE.

5. Access to Website; Users Who Violate Terms of Use

  1. Right to Access. NachoNacho hereby grants You permission to use the Website as set forth in these Terms of Use, provided that: (1) You will not copy, download or distribute any part of the Website in any form or medium without NachoNacho’s prior written authorization, except as permitted in Section 7 below; (2) You will not alter, modify, or make derivative works from any part of the Service without NachoNacho’s prior written authorization, except as permitted in Section 7 below; and (3) You will otherwise comply with these Terms of Use.
  2. Scope of Use and Access. You agree and acknowledge that access to the Website is limited to the individual user, or in the case of a non-individual user (i.e., a company or other legal entity) (hereinafter “Entity User”), those individuals who are designated as authorized users of the Website pursuant to Section 5(c) below (“Authorized User(s)”).
  3. Authorized Users. At the time Entity User sets up an account to enable company use of the Website, the administrator(s) of Entity User’s account is also considered an Authorized User(s). To remove or replace an administrator, an Entity User should contact NachoNacho. Each Authorized User’s access to the Website is limited to the period of time that Authorized User is qualified to be an Authorized User by virtue of his/her relationship with Entity User. If Entity User becomes disqualified to use the Website, each Authorized User must immediately cease use of the Website. In no event shall You authorize access or use to any person or entity that is not an officer, director, or employee of Your organization without prior written consent of NachoNacho.
  4. No Assignment or Sublicense. You shall not, and shall not permit others to, license, sublicense, sell, resell, transfer, assign, distribute, rent, lease, loan, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under these Terms of Use, the Website, or any content or materials accessible through the Website, in whole or part.
  5. No Other Rights. No other rights are granted herein except as expressly set forth in this Agreement. Any and all other rights are expressly reserved to NachoNacho.
  6. Termination of User Accounts. NachoNacho may, in appropriate circumstances and at its sole discretion, disable or terminate the accounts of users who violate these Terms of Use, including, but not limited to, the accounts of (i) users who post User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly and (ii) users who provide false or inaccurate information. In the case of Authorized Users, NachoNacho may pursue legal action against the Entity User that designated the Authorized User, for any damages suffered by NachoNacho.

6. Restrictions on Use of the Website; Security

  1. In Your use of the Website, You shall not:
    • provide false personal information or create an account for anyone other than Yourself without permission;
    • create more than one account;
    • create another account without our permission, if We have disabled Your account;
    • share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
    • assign or transfer Your account or login information to anyone;
    • use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website;
    • post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
    • upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
    • use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website;
    • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website;
    • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part of the Website, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this prohibition;
    • facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize;
    • impersonate or misrepresent any person or entity or Your affiliation with someone else;
    • misrepresent the source, identity, or content of information or works of authorship transmitted through the Website;
    • remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website;
    • collect personally-identifiable information of other users;
    • harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications;
    • solicit other users to join, become members of, or contribute money to any online service or other organization;
    • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain mail, petitions, charity requests, pyramid schemes, or any other form of solicitation;
    • post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website;
    • stalk or otherwise harass any person or entity;
    • harm minors in any way; or
    • use any discussion forum on the Website to advertise or perform any commercial solicitation.
  2. NachoNacho will fully cooperate with any law enforcement authorities or court invoice requesting or directing NachoNacho to disclose the identity of anyone violating these Terms of Use.
  3. NachoNacho believes in children’s online safety and does not wish to receive information regarding children under 13 years old on the NachoNacho website. Therefore, You may not post or transmit on or through the NachoNacho website any personally-identifiable information of a child under 13 years old or information sufficient to locate such a child. If You are under 13 years of age, then please do not submit any information to or use the NachoNacho website.
  4. If You believe that any aspect of Your account is no longer secure, then you agree to immediately notify NachoNacho.

7. Intellectual Property Rights

  1. Everything You see, hear, or otherwise experience on this Website, including but not limited to the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to NachoNacho, subject to copyright and other intellectual property rights under United States and international laws and conventions. NachoNacho owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws.NACHONACHO, NachoNacho and the NACHONACHO Logo are trademarks of NachoNacho.
  2. Content on the Website is provided to You AS IS for Your information and personal, non-commercial use only. For Your personal use, You may view, copy, and print pages of the Website. Otherwise, the Website may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by NachoNacho in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by NachoNacho. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein, nor may You scrape any pages.

8. Notice and Procedure for Making Claims of Intellectual Property Infringement

If You are an intellectual property owner or an agent thereof and believe that either (1) any Content on the Website or (2) any material or activity contained on an online location to which NachoNacho has referred or linked users, infringes upon Your intellectual property rights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) and 512(d) for further detail):

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (or in the case of referrals or links that are claimed to lead to infringing material or activity, identification of the reference or link that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link);
  4. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an email address;
  5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notification pursuant to the DMCA should be submitted to:

DMCA AgentNachoNacho, Inc. 104 1st Street, Los Altos, CA 94022 DMCAAgent@nachonacho.com 415 937 0936

You acknowledge that if You fail to comply with all of the requirements of this section, Your DMCA notice may not be valid. Emails or notices sent to NachoNacho without a proper subject line, or for purposes other than communication about intellectual property claims, may not be acknowledged or responded to.

9. Trademarks and Celebrity Material

  1. NachoNacho responds to complaints that Content infringes trademarks or celebrity material. Trademarks include logos, brand names, and trade dress, which is the distinctive visual appearance of a product or its packaging.
  2. Please be aware that celebrities, and sometimes others, may have a “right of publicity,” which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although You may be a fan, You risk infringing celebrity rights if You use a celebrity name or likeness on the Website and You do not have the celebrity’s permission.If You are a trademark owner or a celebrity and You believe Your rights have been infringed the Website, please submit a notification of infringement to our agent listed in Section 8 above.
  3. To submit a notification, You must be the trademark owner or celebrity or an authorized agent of the trademark owner or celebrity.
  4. When submitting a notification of trademark or trade dress infringement, provide a copy of the relevant trademark or trade dress registration(s) from the U.S. Patent and Trademark Office. Please also provide the location on the Website where You believe the infringement is occurring.

10. Employment Applications

Please review our Privacy Policy for information on your privacy in connection with submitting a resume or application through the Website. In connection with your use of the Jobs Page (if any) and your submission of a resume or application to NachoNacho:

  1. submitting a profile through the job matching service may not result in your applying for any positions. To ensure you apply for a position, you need to submit a separate application for each specific position for which you would like to apply;
  2. applying for a position via the Website does not create a promise or contract for employment or the provision of any employment benefit. If you are hired for a position at NachoNacho, your employment will be at will;
  3. if you are unable to use our online application system due to a disability, please contact Human Resources at (415) 937 0936 or contact@nachonacho.com;
  4. all qualified applicants will receive consideration for employment at NachoNacho without regard to race, color, creed, religion, ancestry, sex, national origin, sexual orientation, disability, age, marital status, familial status, status with regard to public assistance, military or veteran status, or any other status protected by applicable law; and
  5. if you would like to be removed from the job matching service, please contact NachoNacho at jobs@nachonacho.com.

11. Advertisements and Release

NachoNacho takes no responsibility for advertisements or any third party material posted on the Website, nor does it take any responsibility for the products or services provided by advertisers, companies, groups, event sponsors, partners or others that post profiles, meetings, events or other Content on the Website or link to other websites (“Advertisers”). Any dealings You have with Advertisers found while using the Website are between You and the Advertiser, and You agree that The NachoNacho Parties are not liable for any loss or claim that You may have against an Advertiser.

The Website may provide tools that enable users to connect with Advertisers. NachoNacho has no control over such Advertisers.

BECAUSE WE DO NOT SUPERVISE OR CONTROL INTERACTIONS AMONG OR BETWEEN USERS, COMPANIES, MEMBERS OF GROUPS,  AND OTHER PERSONS, ORGANIZATIONS, AND COMPANIES, AND BECAUSE WE ARE NOT INVOLVED IN ANY WAY WITH THE ACTIONS OF ANY INDIVIDUALS ON THE WEBSITE, AND BECAUSE WE DO NOT CONTROL CREDIT CARD COMPANIES OR OTHER PAYMENT PROCESSING COMPANIES, AND BECAUSE WE CANNOT GUARANTEE THE TRUE IDENTITY, AGE, OR NATIONALITY OF USERS OR ADVERTISERS, AND BECAUSE WE HAVE VERY LIMITED CONTROL, IF ANY, OVER THE QUALITY, SAFETY, MORALITY, LEGALITY, TRUTHFULNESS OR ACCURACY OF VARIOUS ASPECTS OF THE WEBSITE, YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE NACHONACHO PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, YOUR TRANSACTIONS WITH USERS OF THE WEBSITE, ADVERTISERS, OR OTHER THIRD PARTIES, NACHONACHO’S RESOLUTION OF ANY DISPUTES AMONG USERS, AND/OR YOUR ATTENDANCE AT, OR THE ACTIONS OF YOU OR OTHER PERSONS AT, AN EVENT POSTED ON OR LINKED TO THROUGH THE WEBSITE. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

12. Pricing and Payment

  1. Transactions.If You wish to use services made available by or through NachoNacho, as described on the Website (each such activity, a “Transaction”), You may be asked to supply certain information applicable to Your Transaction, including, without limitation, credit card and other information. Any information that You provide to NachoNacho will be handled in the manner described in our Privacy Policy. You agree that all information that You provide in connection with Your Transaction will be accurate, current and complete. You agree to pay all charges incurred by You or any users of Your account and credit card at the price(s) set forth on the Website at the time of Your Transaction, however, such prices do not include and You must pay any excise, sales, use or like taxes associated with the Transaction. Prices advertised on the Website are subject to increase in the amount of any such tax that NachoNacho may be required to collect or pay in connection with the Transaction. You are responsible for (AND WILL INDEMNIFY THE NACHONACHO PARTIES AGAINST) all taxes associated with Transactions entered into by You or users of Your account through the Website (excepting taxes based on NachoNacho’s income). TRANSACTIONS THROUGH THE WEBSITE MAY BE REGULATED BY CERTAIN STATE AND FEDERAL LAWS OR REGULATIONS. YOU ACKNOWLEDGE THAT COMPLYING WITH LAWS IS YOUR RESPONSIBILITY, AND YOU AGREE NOT TO HOLD NACHONACHO LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR NACHONACHO’S FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. You agree that You will not attempt to conceal Your identity by using multiple Internet Protocol addresses or email addresses to use or to enter Transactions on the Website. You grant NachoNacho the right to provide any information You submit to third parties for purposes of facilitating the completion of Transactions initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
  2. Pricing.Pricing for Transactions shall be as set forth on the Website, which pricing may be changed by NachoNacho from time to time. NachoNacho may choose to temporarily change pricing for promotional events or new services, and such changes shall be immediately effective when NachoNacho posts the temporary pricing change to the Website. If You have a current subscription to NachoNacho services through the Website, any changes to the fees charged for such subscription shall be effective 30 days after We provide You with notice by posting such change to the Website. All prices on the Website are stated in U.S. Dollars, and payment must be made in U.S. Dollars.
  3. Payment Processing.When You conduct a Transaction, processing of the Transaction and collection of payments may be handled by Stripe, or PayPal, as the case may be. Transactions will be processed only after a billing address, and other billing information, has been verified. If We receive incorrect billing or credit card account information, the processing of Your Transaction will be cancelled without further notice.
  4. Transaction Confirmation.If You do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if You experience an error message or service interruption after submitting payment information, it is Your responsibility to confirm with NachoNacho whether or not Your Transaction has been completed
  5. Payment Methods.NachoNacho accepts payment via American Express, Visa, MasterCard, and Discover. All credit card transactions are processed through Stripe or PayPal, as the case may be. Such parties will collect the Transaction amount and a credit card processing fee from You, and thereafter will deduct the credit card processing fee and remit payment of the Transaction amount to NachoNacho in accordance with such party’s merchant card processing terms in effect from time to time.
  6. Refunds.Before entering a Transaction on the Website, carefully review the Website and all policies and terms. Unless otherwise agreed to in writing by NachoNacho, We will not issue refunds.
  7. Chargebacks.You agree that You will not attempt to circumvent any refund prohibitions with regard to Transactions You entered on the Website. You will not dispute or otherwise seek a “chargeback” from the company whose credit card You used to enter a Transaction on the Website. Should You do so, Your subscription, or access to other services may be cancelled, and NachoNacho may, in its sole discretion, refuse to honor pending and future Transactions made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist, and any person who accesses any associated online account or credit card or who otherwise breaches this provision, from using the Website.
  8. Other Agreements.You may, from time to time, enter into additional written agreements with NachoNacho in connection with other sponsorships, events or services made available by or through NachoNacho. In the event that any terms or provisions of such a written agreement conflict with the provisions of these Terms of Use, the terms and provisions of the written agreement shall prevail.

13. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE NACHONACHO PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ANY SERVICE, OR AGREEMENT WITH A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, NACHONACHO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON ANY WEBSITES OR ONLINE SERVICES LINKED TO THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT; THAT THE WEBSITE OR ANY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE FROM NACHONACHO, OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS, SPONSORS, OR PARTNERS WILL MEET YOUR EXPECTATIONS. NACHONACHO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. YOU ACKNOWLEDGE THAT NACHONACHO HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF COURSES OR EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ OR ADVERTISERS’ CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION.

14. Limitation of Liability

IN NO EVENT SHALL THE NACHONACHO PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THIS WEBSITE OR NACHONACHO’S PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) USER SUBMISSIONS, (VII) THIRD PARTY WEBSITES, (VIII) ERRORS OR OMISSIONS IN ANY CONTENT; OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY ADVERTISERS OR SPONSORS WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NACHONACHO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN ALL EVENTS, THE AGGREGATE LIABILITY OF THE NACHONACHO PARTIES, IF ANY, SHALL BE LIMITED TO THE AMOUNT YOU PAID NACHONACHO DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR $100 WHICHEVER IS GREATER.

Any claims relating to use of the Website must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Website is controlled and offered by NachoNacho from its facilities in the United States of America. The Website is intended for use in the United States. Those who access or use the Website do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

15. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE NACHONACHO PARTIES FROM AND AGAINST ANY CLAIMS, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, DEBT, AND ATTORNEY’S FEES RESULTING FROM (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE OR NACHONACHO’S PRODUCTS OR SERVICES; (2) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (5) ANY ACTIVITY RELATED TO YOUR NACHONACHO ACCOUNT, RELATED TO YOUR INTERNET ACCOUNT, OR RELATED TO YOUR EMAIL ADDRESS AND PASSWORD (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR INTERNET ACCOUNT OR YOUR EMAIL ADDRESS; OR (6) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE. IF NACHONACHO DOES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, NACHONACHO WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO NACHONACHO.

16. Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT NACHONACHO HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE NACHONACHO PARTIES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND NACHONACHO. NACHONACHO WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

17. Term

These Terms of Use shall commence the date that the Terms of Use are accepted and shall continue until terminated by one of the parties (“Term”).

18. Termination

NachoNacho reserves the right to immediately terminate these Terms of Use, or a user’s account access, if a user breaches these Terms of Use. NachoNacho also reserves the right to deny access to the Website to anyone, at any time, for any reason, without notice. NachoNacho may also immediately terminate the Terms of Use upon ceasing to offer the Website.

19. Effect of Termination, Cancellation or Expiration

Upon termination or cancellation of these Terms of Use, user shall immediately discontinue all access to and use of the Website, and destroy or delete all copies of content or materials accessed or obtained by user via the Website. NACHONACHO SHALL NOT BE LIABLE FOR ANY DAMAGES, OR LOSS OF REPORTS OR DATA, AS A RESULT OF THE TERMINATION OR CANCELLATION OF THESE TERMS OF USE; provided, however, the termination or cancellation of these Terms of Use shall not affect any claim arising prior to such termination or cancellation.

20. Virtual Cards

The virtual card issued to you in the NachoNacho website is issued on behalf of, and funded by NachoNacho. Any goods or services purchased using this card are the property of NachoNacho. Upon completion of a transaction with a NachoNacho virtual card, NachoNacho owns all rights and title to the goods and services purchased. You may not use the NachoNacho service or the virtual card to purchase any goods or services other than the goods or services that have been preauthorized by NachoNacho. You acknowledge that all transactions on the virtual card are for NachoNacho’s business purpose only. You may not use the virtual card to make a payment on any credit account with us or our affiliates. You may not use or permit your account to be used to make any illegal or unauthorized transaction. Any unauthorized use of this virtual card will be considered theft and/or fraud, and will be declined and or reversed and may lead to deactivation of your account among other remedies to which NachoNacho may be entitled.

21. Referral Program

NachoNacho may, from time to time, allow you to earn cash rewards in connection with taking actions to promote the Service, including by referring a friend to the Service ("Referral Program"). To be eligible to earn NachoNacho Cash Rewards through the Referral Program:

  1. you must refer a new user to the Service by providing your personalized link or sending them an email invitation through the app
  2. the new user must use your referral link to create a user account and become a Member and
  3. the new user must fund their NachoNacho account.
  4. you can earn up to one cash reward per new user referred

You may not attempt to earn NachoNacho Cash Rewards in connection with the Referral Program through fraud, deceit, or artificial or illegal means, including by creating multiple or duplicate accounts, engaging in a bot network, spam, advertising or any paid promotional channel. We reserve the right, in our sole discretion, to withhold NachoNacho Cash Rewards for any reason in connection with the Referral Program with or without cause. We may also limit, in our sole discretion and without prior notice, the amount of NachoNacho Cash Rewards you may earn through the Referral Program or any aspect thereof. Failure to comply with this Agreement or any fraudulent or abusive actions may result in the removal of NachoNacho Cash Rewards from your account, and may also result in NachoNacho suspending or closing your account and/or suspending or terminating your access to the Service.

22. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You without NachoNacho’s prior written consent, but may be assigned by NachoNacho without restriction and without notice to You.

23. Export Control

Software and the transmission of applicable technical data, if any, in connection with the Website may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which You reside.

24. General

You agree that: (i) the Website shall be deemed solely based in California, United States of America; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over NachoNacho, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed solely by United States and California law, without regard to conflict of law provisions. Any claim or dispute between You and NachoNacho or its officers, directors, employees, agents, affiliates, licensors or suppliers that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California. You further irrevocably agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of resolving all such claims or disputes. The parties disavow any desire or intention to create a third party beneficiary agreement and declare that no person, except for the parties and their permitted assigns shall have any rights under these Terms of Use nor any right of enforcement of these Terms of Use. These Terms of Use, the Privacy Policy, and any other legal notices published by NachoNacho on the Website shall constitute the entire agreement between You and NachoNacho concerning the Website. If any provision of these Terms of Use are held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and NachoNacho’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

25. Questions

If You have questions, please contact NachoNacho by emailing us at contact@nachonacho.com or writing us at NachoNacho, Inc., 104 1st Street, Los Altos, CA 94022, USA.