Terms of Use - Nobodyelses Finance

Welcome to Nobodyelses. Nobodyelses is both a platform and a community. It's a place to write and test investing strategies. It's a place to meet other investors, to share screens, ideas, strategies, and investing experiences. You retain ownership of the content you put in our system; everything you write is yours. If you choose to keep your content private, we will protect your content and keep it private, in accordance with our privacy policy. We encourage you to share your content, and we encourage you to use, adapt, and learn from others’ shared content. You can access our privacy policy through the privacy policy link posted at the bottom of our home page http://nobodyelses.com or by going directly to http://nobodyelses.com/privacy/.

This is an agreement (hereinafter, the "Agreement") between Nobodyelses Inc. (hereinafter, "Nobodyelses", "us" or "we") and you, the individual you listed on the account ("you") and sets forth the terms and conditions which govern your use of nobodyelses.com (the "Site") and/or any related services (hereinafter, the "Services") accessed through the Site.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE AND/OR SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE.

1. Limited License; Use of Services.

Unless otherwise specified, Nobodyelses grants to you a non-exclusive and non-transferable limited right and license to access the Site and use the Services for your personal use or for your internal business purposes (but not on behalf of any third party) provided that you agree with and comply fully with the provisions of this Agreement. Certain features of the Site or Services may be available only to registered users.

2. Accounts, Passwords and Security.

If any portion of the Site or Services require you to open an account, you must complete the registration process by providing Nobodyelses with current, complete and accurate information, including your real name, as prompted by the applicable registration form if you wish to have access to such features. You further agree to keep any registration information you provide to Nobodyelses current, complete and accurate.

As part of the registration process, you may be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account information and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Nobodyelses immediately of any unauthorized use of your account or any other breach of security. Nobodyelses will not be liable for any loss that you may incur as a result of someone else’s use of your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Nobodyelses or another other party due to someone else’s use of your account or password.

3. Prohibited Activities.

Other than as provided at the end of this Section, you acknowledge and agree that you will not:

copy, modify, publish, transmit, distribute, transfer or sell, create derivative works of, or in any way exploit, any of the information, algorithms, formulas strategies, data manipulation functions, tools software, text, images, graphics, video files, audio files, ideas or other materials (collectively the “Content”) of this Site not submitted or provided by you, including by use of any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology, unless you obtain our prior written consent;

use the Site or Services to advertise, market or otherwise promote any commercial enterprise that you own, are employed by or are otherwise compensated by, either directly or indirectly;

use any engine, software, tool, agent or other device or mechanism to navigate or search the Site, other than the search engines and agents available through the Service and other than generally available third party web browsers;

copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services;

access the Site or Services by any means other than through the standard industry-accepted or Nobodyelses-provided interfaces;

transmit any message, information, data, text, software or image, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable which may invade another's right of privacy or publicity;

post or transmit any material that contains a virus, worm, Trojan horse, corrupted data or any other contaminating or destructive feature;

post or transmit information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;

use any of the Site’s or Service's communications features in a manner that adversely affects the availability of its resources to other users;

post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

violate any applicable local, state, national or international law;

upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party or violates a third party’s right of privacy or publicity;

manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology;

register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Nobodyelses product or Service if you are not expressly authorized by such party to do so;

use the Site and/or the Services for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Site or the Services in any manner that could damage, disable, overburden or impair Nobodyelses’s servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services. Furthermore, you may not attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to Nobodyelses through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services; or

knowingly provide any Content that is false or inaccurate or will become false or inaccurate at any time.

Notwithstanding the above, we want to foster a community where users exchange general investing strategies, entire or partial algorithms, code segments, data sources, data transformations, data manipulation functions and other ideas and tools. Accordingly, you are permitted to copy, modify, comment on and / or republish, both on and off the Site and Services, Content published by other users that appear in public areas of the Site and Services. If you do copy, modify, comment on or republish the Content of others, you must attribute both the user and Nobodyelses and link to the appropriate URL on the Site and Services where the Content originally appeared. All comments should be respectful of others and in all cases subject to the restrictions and guidelines of good behavior outlined in this Section 3. To be clear, the license to copy, modify and / or republish the Content is limited to the Content of other users. You are not permitted, and are expressly prohibited from copying, modifying, and republishing the Content of Nobodyelses unless expressly stated otherwise . . . though we always encourage your comments on our Content.

4. Third Party Content.

A portion of the Content contained on the Site or Services may be supplied by third parties, such as other users. Nobodyelses is a distributor (and not a publisher) of such Content and has no more editorial control over such Content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Nobodyelses. Neither Nobodyelses nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any Content. Furthermore, Nobodyelses neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on the Site or Services by any third party. We do however, reserve the right to remove any Content that we believe violates this Agreement or we otherwise find inappropriate.

5. Proprietary Rights.

You retain ownership of all Content you submit, post, display, or otherwise make available on the Site or Services.

Unless you choose to share your Content, your Content will remain private. Nobodyelses will not review, share, or otherwise make use of private Content except as specifically provided in our privacy policy or this Agreement. If in the course of providing technical support or other maintenance of the Service it becomes necessary for Nobodyelses to view your private Content, such viewing will be restricted to the very specific technical purpose.

You may choose to share your Content on the Site and Services by posting it in public areas of the Site and Services. By sharing your Content, you hereby grant to us a sublicensable, assignable, royalty-free, perpetual right to use, reproduce, distribute, create derivative works of and digitally perform your Content in any media now known or hereafter devised, but at all times, in accordance with Nobodyelses’s Privacy Policy. You represent that (i) you have the right to provide the Content to Nobodyelses pursuant to the license grant above and (ii) all Content is true, accurate, current and complete, including the information about your accounts maintained at other web sites, as requested in our “add account” setup forms.

You understand and acknowledge that (i) the software, code, proprietary methods and systems used to provide the Site or Services, (ii) the design, look and feel of our template reports, (iii) the graphical elements of our template reports, (iv) the Content other than the Content submitted by you or on your behalf and (v) any intellectual property therein (collectively, "Our Intellectual Property") may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors (if applicable). You acknowledge and agree that Our Intellectual Property is the sole property of Nobodyelses or its licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Intellectual Property. Nothing in this Agreement grants you any right to receive delivery of a copy of Our Intellectual Property or to obtain access to Our Intellectual Property except as generally and ordinarily permitted through the Site according to this Agreement. Furthermore, nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license to Our Intellectual Property. Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos ("Marks") of Nobodyelses or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Site or Services will be governed by such third parties’ licenses and not by this Agreement.

6. Feedback.

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to our Site or Services (collectively "Feedback"), you agree we may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback in any Content submitted publicly or privately, email or any other method of communication with us unless we have entered into a separate agreement with you that provides otherwise.

7. Social Networks.

In using certain Services, you authorize us to act on your behalf to access and interact with social networking sites such as Facebook and Twitter (any such site, a "SN Site") to retrieve Content and information from, and/or submit information to, such SN Sites at your request. We will not collect your username and password, and we will instead store the unique authorization code (or a “token”) provided to us by the SN Site to access it on your behalf. You can revoke our access to an SN Site at any time by amending the appropriate settings from within your account settings on that site and/or on our Site. You should note that an SN Site may change or amend its guidelines and our access to it at any time, and we cannot guarantee that our Services will always include a connection to such SN Site. Further, you may be able to edit your privacy settings for the Content that you post which appears on Facebook by making selections in your “Edit Profile” settings via the Site and Services. You represent and warrant that you will comply at all times with the relevant terms and conditions of any SN Site in using our Site and Services. You also agree to follow each SN Site’s code of conduct (where applicable) when interacting with content from and posting Content to such SN Site and to file an abuse report with the applicable SN Site for Content which violates the code of conduct or terms of use for that third party site.

8. Privacy and Security.

We are committed to your privacy and security. For more information, you should review our Privacy Policy http://nobodyelses.com/privacy/. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Site and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. We do not warrant that your information will be secure.

9. Disclaimer of Warranties.

THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, SYSTEM INTEGRATION, DATA ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Nobodyelses AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.

10. Investment Disclaimer.

The Services provided under this Agreement are tools that you are provided to supplement your understanding of the financial markets. You are using such tools at your own risk and to supplement your judgment. You represent and warrant that you are not relying solely on the output of the Services to make investment or trading decisions and understand that investing and trading involves risk, including loss of principal and other losses. In no event will Nobodyelses be responsible for any such risk or loss.

No Professional Advice. Nobodyelses is not engaged in rendering any investment, trading or other professional advice. If investment, trading or other professional advice is required, the services of a competent, licensed professional should be sought. No employee, agent or representative of Nobodyelses is authorized to provide any such advice of any nature whatever, and any such advice, if given, is in violation of Nobodyelses's policies, is unauthorized and may not be relied upon.

No Guaranteed Results. THE SERVICES ARE NOT GUARANTEED TO ACHIEVE ANY PARTICULAR RESULTS. The use of any trading system or strategy, including any system or strategy integrated within the Services, does not and cannot guarantee that you will make profits, increase profits or minimize losses. Any popular or other tools, strategies or systems included in the Nobodyelses Tools are intended merely as examples of technical ideas that can be incorporated into a personally-designed investing strategy or system. You must use your own judgment or consult a professional for advice on such matters. Additionally, investing results based upon hypothetical or historically-tested investing strategies or systems do not necessarily compare to results of actual investing. No hypothetical or historical investing record can account for the level of risk present in actual investing. Numerous factors relating to market conditions, the existence or nonexistence of specific events or circumstances, human error, human/emotional reaction to losses during actual investing, inherent limitations of certain hypothetical or historically tested models, particularly ones that do not operate at the "tick" (as opposed to open, high, low, close) level, volume of trade and liquidity differences between hypothetical models and actual trades, and other supply/demand differences that may not be addressed by hypothetical models, and other conditions and circumstances, can account for these differences. There is no guarantee that any hypothetical investing results, even if tested against historical data, will produce comparable actual investing results. In fact, there are frequently sharp differences between hypothetical or historically tested performance results and the actual results subsequently achieved by any particular investing system or strategy. The possible reasons for this include the likelihood that no investing strategy or system can, even with automated investing, be precisely executed as designed. Also, you should be aware that certain commonly used investing "jargon," including investing terms, such as, for example, a "limited risk" position, should not be taken literally. For example, so-called "limited risk" positions in certain options trades are not in fact limited as may be expected. Again, with respect to matters such as these, a licensed professional should be consulted. Specific Disclaimers. As the Services evolve, Nobodyelses may provide you explanations on how the Services work and certain specific disclaimers. Any such specific disclaimers made, including through a clickwrap made available within the Services, are agreed by you to be incorporated by reference into this Agreement.

You are Solely Responsible for Input Correctness and Accuracy. The quality of the product's analysis and optimization depends on the user's inputs. While automated guidance and value generation has been made available in the product to ease and expedite your entry of the parameters required for the product's analysis and optimization, you, as user of the system, are solely responsible for ensuring the quality of all its inputs. As such, you must carefully review all input parameters and modify their values in all ways necessary to ensure their accuracy and fidelity. While there are other factors governing analysis and optimization accuracy, the quality of the product outputs depends on the accuracy of your inputs. For the avoidance of doubt, Nobodyelses makes no representations or warranties regarding the accuracy of its reverse-engineered inputs, nor for its automated input generation (auto-generate function). Complex Trade Risk: This tool is capable of generating custom solutions of arbitrary complexity (arbitrary contract types, numbers of legs, and leg quantities). The trades generated by the Service may increase beyond what is practical to execute, due to broker execution limits and the difficulties in executing a complex trade in an all-or-none fashion. Moreover, once the trade is executed, the management of a complex trade becomes more difficult than is normally the case. Another factor is that you may not be authorized to execute all contract types found in the solutions generated. Nobodyelses makes no representation that a solution generated by the Service can be executed and effectively monitored and managed in practice. It is entirely your responsibility to assess the appropriateness and practicality of the solutions generated by the optimizer. It is your responsibility to ensure the trade is executable and manageable, and appropriate for your needs.

11. Professional Advice Disclaimer.

Our Services are meant as an aid to assist you in organizing and managing your financial information. NEITHER Nobodyelses NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. Nobodyelses IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation.

12. Limitation of Liability.

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. NEITHER Nobodyelses NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL Nobodyelses'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED THE GREATER OF: (i) ONE HUNDRED DOLLARS ($100.00) OR (ii) THE TOTAL AMOUNT PAID OR PAYABLE BY YOU TO US, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

13. Indemnification.

You agree to indemnify, defend, and hold Nobodyelses and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of this Agreement, (ii) any allegation that any materials that you submit to Nobodyelses infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights, or any other rights of a third party, or (iii) your access or use of the Site and/or the Services. This Section shall survive in the event this Agreement is terminated for any reason.

14. Release.

To the extent permitted under applicable laws, you hereby release Nobodyelses from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services (including any Member) or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services (including any Member); (c) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Sites (including any Member), whether online or offline; and (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

15. Copyright Violations.

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Site or Services;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached by mail at: Copyright Agent, Nobodyelses, Inc., Attn: Copyright Agent, 10170 W. Tropicana Avenue Suite #156-418, Las Vegas, NV 89147, or via email at support@nobodyelses.com.

16. Jurisdictional Issues.

Nobodyelses makes no representation or warranty that the content and materials on the Site and/or the Services are appropriate or available or appropriate for use in locations outside the United States. Those who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Nobodyelses reserves the right, at any time in its sole discretion, to limit the availability and accessibility of the Site and/or the Services to any person, geographic area, or jurisdiction it so desires, and to limit the quantities of any such Service or products that it provides.

17. Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause.

All controversies, disputes, demands, counts, claims, or causes of action between you and Nobodyelses arising out of, under, or related to these Terms of Use or our privacy practices (including any action we take or authorize with respect to information about or provided by you) shall be settled exclusively through binding arbitration.

Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms of Use, and unless agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and Nobodyelses must abide by the following rules: (i) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (ii) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and Nobodyelses, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (iii) the arbitrator’s ruling is binding and not merely advisory; (iv) ANY CLAIMS BROUGHT BY YOU OR Nobodyelses MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (v) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (vi) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Nobodyelses will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (vii) Nobodyelses also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (viii) the arbitrator shall honor claims of privilege and privacy recognized at law; (ix) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or Nobodyelses shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/Nobodyelses customer; and (x) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses.

Notwithstanding the foregoing, either you or Nobodyelses may bring an individual action in small claims court. In addition, if you are a user outside of the United States, the dispute resolution provision in our Privacy Statement (if any), and not this arbitration provision, shall apply to any disputes related to privacy. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration provision. Such claims shall be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts located in New York, New York. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of subparts (iv) and (v) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (iv) or (v) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Nobodyelses shall be entitled to arbitration. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and Nobodyelses shall be exclusively brought in the state or federal courts specified in subsection “(iv)” above.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

18. Subscriber Fees.

Subscriber will pay the Monthly Fee for the monthly subscription on a monthly basis and the Yearly Fee for a yearly subscription on a yearly basis. All fees will be paid at the beginning of service. The initial service period of the monthly subscription is one (1) month and will auto renew for subsequent one (1) month periods until 30 day notice is given by the Subscriber. The initial service period of the yearly subscription is one (1) year and will auto renew for subsequent one (1) year periods unless 30 day notice is given by the Subscriber. Service of the subscription will not begin until all charges have been processed.

Nobodyelses may offer, as indicated on the Order Form or on the Website Payment page, a trial period for any of its subscription products.

The Subscriber will be charged at the beginning of the initial service period for services, which starts after the trial period has concluded. Following any trial period, the normal terms of this Agreement will remain in effect.

Following the initial service period, Nobodyelses reserves the right to increase the Monthly or Yearly Fee at any time upon 30 days notice to Subscriber, provided Subscriber shall have the right to terminate the Subscription by providing Nobodyelses with written or email termination notice. Subscriber (a) agrees to pay the Monthly or Yearly Fee according to any applicable credit card issuer agreement, (b) expressly authorizes Nobodyelses to automatically charge the applicable card on a monthly or yearly basis during the term of this Agreement (unless otherwise agreed by the parties), (c) agrees that any fee increase made in accordance with this Section may also be charged to the same card in the same manner and (d) that Subscriber will use the subscription for their own individual usage and they will not share their login credentials with other users. Each individual user must have their own individual subscription.

19. Termination.

Unless a specific initial term for this Agreement is specified in the Order Form, the initial term of the Agreement is one (1) month for the monthly subscription and one (1) Year for the yearly subscription. Following the initial term this Agreement shall auto-renew on a monthly basis or yearly basis until otherwise terminated. Upon 30 days written notice of termination to the other party, which termination shall be effective on the last day of the month in which the 30th or 365th day of the subscription occurs, either party may terminate this Agreement as to one, all, or any number of the Products referred to in the Order Form. Further, Nobodyelses reserves the right to immediately suspend performance or terminate this Agreement without notice and without liability in the event that: (a) Subscriber fails to pay any amount due to Nobodyelses or charges back through the applicable credit card company any amounts billed, (b) any Content that is necessary for Nobodyelses to perform its obligations is suspended or terminated, (c) Subscriber shares login credentials with other users, and/or (d) in the event of any conduct by Subscriber which Nobodyelses, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. Nobodyelses may discontinue any of our subscription products at any time.

This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Nobodyelses, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Site or Services, and remove and discard any Content within the Sites, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR YOUR SUBMISSION MATERIALS. In the event of termination, however, those Sections in this Agreement which, by their nature, survive termination of the Agreement shall so survive. Specifically, the license to use any shared Content survives account termination.

20. General Information.

This Agreement constitutes the entire agreement and understanding between you and Nobodyelses and governs your use of the Site and the Services, superseding any prior agreements between you and Nobodyelses. This Agreement and the relationship between you and Nobodyelses shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. The failure of Nobodyelses to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience purposes only and have no legal or contractual effect. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may assign this Agreement to any third party whom we choose without your consent. No waiver by Nobodyelses of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.

21. Electronic Communications.

We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to our giving you Communications electronically. This Section 20 informs you of your rights when receiving Communications from us electronically. For contractual purposes, you: (i) consent to receive communications from us in an electronic form and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if they were in writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of this Agreement. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

22. Modification to Services.

We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified.

23. Modification to this Agreement.

Nobodyelses may modify this Agreement at any time. If such change is material, we will post notice of the change on the Site’s home page or by email to registered users. Your use of the Site following such notice shall be deemed your acceptance of such changes. You agree to review the Agreement periodically to be aware of such modifications.

Last Revised: April 12, 2016