Nomad Rising does not make any representations, warranties or guarantees, express or implied, regarding the accuracy or completeness of the information displayed on this web site. The information is supplied by Nomad Rising and its related websites is provided with the express condition, to which everyone using it is subject, that no obligation, responsibility or liability shall be incurred by Nomad Rising, its related sites and/or its principals for any loss or damage, whether incidental, special, indirect or consequential, in connection with, caused by or arising from, any use of, or reliance upon, the information contained on the Nomad Rising web site.
1. Disclaimer of Warranties
You expressly understand and agree that your use of the service is at your sole risk and the service is provided on an "as is" and "as available" basis. Nomad Rising LLC and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, suitability for a particular purpose, and non-infringement. Nomad Rising LLC and its affiliates, subsidiaries, officers, directors, members, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) your use of the service will be timely, uninterrupted, secure or error-free; (iii) any information obtained by you as a result of the service will be accurate or reliable.
Any material downloaded, information provided or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from the download of any such material. You further acknowledge that the service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the service could lead to death, personal injury, or severe physical or environmental damage. No advice or information, whether oral or written, obtained by you from Nomad Rising LLC or through or from the service shall create any warranty not expressly stated in the TOS.
Nomad Rising LLC makes no representations that the services listed are appropriate, enforceable or available for use in your jurisdiction. Those who access or use the service do so at their own volition and are responsible for compliance with local law. Users of the service and members are advised to seek and are solely responsible seeking legal advice from an attorney licensed in your jurisdiction.
2. Limitation of Liability
You expressly understand and agree that Nomad Rising LLC and its affiliates, subsidiaries, officers, directors, members, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages , including, but not limited to, damages for loss of profits, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if Nomad Rising LLC has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the service (ii) any changes made to the service or any temporary or permanent cessation of the service or any part thereof; (iii) the unauthorized access to or alteration of your transmissions or data; (iv) the deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the service; (v) statements or conduct of any third party on the service; and (vi) any other matter relating to the service. In any case, our and our affiliates’ and licensors’ aggregate liability under this agreement will be limited to the amount paid to us under this agreement for the service that gave rise to the claim during the 12 months preceding the claim.
You agree to defend, indemnify and hold Nomad Rising LLC, its affiliates, subsidiaries, directors, officers, members, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your account, and that these TOS apply to any and all usage of your account. You agree to comply with these TOS and to defend, indemnify and hold harmless Nomad Rising LLC from and against any and all claims and demands arising from usage of your account, whether or not such usage is expressly authorized by you.
Nomad Rising LLC may provide you with notices regarding the Service, including changes to these TOS, by e-mail to your e-mail address provided, by regular mail, or by postings on our website and/or the Service. It is your responsibility to ensure that Nomad Rising LLC has your current, active e-mail address on file.