Terms of Service
Last updated: 02/27/2023
Table of Contents
The Terms
1. Acceptance of Terms
Welcome to Neli, the virtual appliance repair service that connects you with technicians (each a “Technician”) via video chat or text (such services, the “Service”). The website nelihome.com (the “website is owned and operated by Global Wolf LLC DBA “Neli”. By clicking “I Agree” on the payment page or account registration or using the website in any way, you are agreeing to comply with and be bound by these Terms, the Privacy Policy, and all rules, policies and disclaimers posted on the website or about which you are notified (collectively “Terms”). If you do not agree with all the Terms, or if you are under the age of eighteen (18), do not use the website. Please review all of the Terms carefully before using the website.
By using the website, you (i) agree to be bound by the Terms, (ii) represent that you are over the age of eighteen (18) and able to form legally binding contracts, (iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged.
PLEASE NOTE THAT THESE TERMS PROVIDE THAT IF YOU AND GLOBAL WOLF LLC DBA “NELI” ARE UNABLE TO RESOLVE ANY DISPUTES THAT ARISE BETWEEN YOU AND NELI AND THE DISPUTE IS NOT RESOLVED INFORMALLY OR THROUGH MEDIATION, THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. YOU AND NELI ALSO AGREE THAT ANY CLAIMS OR DISPUTES CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW IF YOU DO NOT ACCEPT THE ARBITRATION PROVISION BELOW, YOU MAY NOT USE THE WEBSITE.
2. Definitions
The words “User,” “you” and “your” refer to the individual or entity that accepts these terms and conditions as a Customer or creates a Neli account and/or Technician. “Neli,” “we,” “us” and “our” refer to Neli and all associated persons that work for or are contracted by Neli. “Customer” refers to the person who asks a question on the website, requests a service on the website, and/or creates an account on the website. “Technician(s) ” refers to an independent contractor with who Neli has entered into an agreement with to answers questions and render advice via the Neli website. Neli “application(s)”, “App(s)” or “APP(s)” refer to nelihome.com and/or App mobile applications for iOS and/or Android and any other future applications created or owned by Neli.
3. Electronic Communications and Right to Modify Terms
When you visit Neli via the website site nelihome.com or send an e-mail(s), enter into a chat, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by chat, e-mail, or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Neli may modify any of the Terms at any time by posting them on the application. Changes shall automatically be effective upon posting; provided, however, that those changes made by or approved by Neli and that Neli deems, in its sole discretion, to be material changes to the Terms will be effective as to an existing User upon the earlier of: (1) the agreement of the User; or (2) thirty (30) days after notice to the existing User, either via email from a @Nelihome.com or @Global-Wolf.com email address to the User’s email address on file with Neli or via other means including but not limited to a pop-up or banner, messages or other conspicuous notices on the Neli website. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from Neli’s email addresses. Your continued use of the Service(s) will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using any or all Apps. The latest Terms will be posted on the application, and you should always review them prior to using the application.
4. Third Party Applications
Neli as a Venue for Third-Party Content
The App is a venue for informational and educational purposes to allow Customers to ask questions and Technicians to answer them. Users of the App, not Neli, provide the content in Chats and or Video Chats (defined below). The Technicians independently determine which questions to answer; Techs are not employees or agents of Neli but are independent service providers using Applications to sell their technical knowledge to Customers and, as such, together with Customers, are simply Users of the Apps.
Neli is not involved in conversations between Customers and Techs and does not refer Customers to or endorse or recommend particular Techs. You understand and acknowledge that Neli cannot and does not edit, modify, endorse or guarantee the advice or content of Chats and or Video Chats. Neli shall not be liable for any acts or omissions of Techs, content in Chats and or Video Chats, or the ability of Techs to answer questions. We cannot ensure that a Technician will complete a transaction. Notwithstanding the foregoing, Neli reserves the right, but is not obligated, to remove any User’s access to any and all Apps.
Chats Are Not Private nor Confidential; Anonymity
The App is a forum. Information and materials submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and Chats and or Video Chats on all Apps or in the Chats and or Video Chat forum and other places where Users communicate on the application(s) (collectively “Chats” or “Video Chats”) is not private or confidential, and it may be read, collected, and used by others.
In addition, Video Chats may be recorded and stored by us for quality control purposes. You expressly grant permission to Neli to record, store and use for quality control purposes your image and/or likeness in video or still and the likeness and sound of your voice as recorded on audio or video.
Information. Techs may be licensed, certified, educated, employed by, or have experience in particular appliances.
Communications on Apps are limited to, and as described above, do not include safeguards and procedures typical of in-person evaluations and visits. Before you can interact with a Technician, you will be required to agree to a disclaimer reminding you of these and other important provisions of the Terms.
5. Charges, Rating the Technician, Refund and Cancellation Policy
We utilize Stripe™ and PayPal™ as our payment processor(s) (the “Payment Processor”) to process payments, and we are not liable in any manner for the performance of the Payment Processor in providing such payment processing service. By using the Neli and/or by making use of some or all of these payment processing services, you agree to be bound by the Payment Processor’s terms and conditions (which can be found at https://stripe.com and https://www.paypal.com) and hereby consent and authorize us to delegate the authorizations and collect, analyze, and share the information you provide to us with the Payment Processor to the extent required to provide our services to you. We reserve the right to deny access to the website or our services and/or terminate a user’s account for failure to pay fees when due.
If you purchase services through Stripe™ and/or PayPal™, you hereby authorize us to debit your account or charge your credit card for all charges. You agree that all information you provide with respect to payment will be accurate and complete and that you will keep all such information current.
We reserve the right to modify, terminate or otherwise amend our accepted payment methods. You remain responsible for any uncollected amounts. In the event that any amounts are unpaid by you, including as a result of the rejection of payment by Stripe™ and/or PayPal™ or your credit card, we reserve the right to cancel or suspend your service. You agree to be responsible for and reimburse us for any legal or other fees we may incur in collecting overdue amounts from you.
Pay for Diagnosis. A flat fee is charged and the Technician will offer advice on how to determine the fault with the Customer’s appliance in question.
Pay for Repair. A flat fee is charged and the Technician will offer advice on how to conduct a part installation or “repair” on the Customer’s appliance in question.
Refunds, Cancellations, Abuse, and Special Programs. Neli takes customer satisfaction seriously.
For Unsatisfied Customers, for any reason, then as your sole remedy and within thirty (30) days of when you paid on Neli, you may request a refund by contacting Customer Service. Your request will be reviewed in compliance with our refund policy. You may contact customer service at either support@nelihome.com or 833-876-0900 ext. 1. Neli maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at Neli’s sole discretion, to defined and limited Users or non-Users.
Cancellation Request Refunds. There is a $5 non-refundable cancelation fee included in the price. Requested refunds for appointment cancellations for pre-paid “paid in full” scheduled appointments, that have not been conducted with a Neli technician, will not be refunded the $5 non-refundable cancelation fee portion. If you do not notify the customer service team via text or email to cancel your appointment at least two hours before the appointment time, you will forfeit 50% of the cost to the appointment.
- Incorrect Booking and Failure to Notify. If you book an appointment for an appliance that is stated to be one that Neli cannot service virtually and you are unsatisfied by the conclusion of the appointment, by failing to notify Neli customer service of an incorrect booking before the appointment you forfeit your right to a full refund or the pre-paid “paid in full” amount.
Appointment Reschedules. Requested rescheduled appointments for pre-paid “paid in full” scheduled appointments, that have not been conducted with a Neli technician, will be allowed 3 reschedules within a 30 day period. Once the customer has conducted the appointment within that 30 day period with the Neli technician, there are no other reschedules allowed for that pre-paid appointment. The period of rescheduling limitations is in total 30 days from the date of the first appointment date. If after 30 days and the appointment has not been completed, the customer forfeits the full pre-paid amount of the appointment
6. User Accounts; Restricted Activities; Suspension or Termination of Service
User Accounts. When you register as a User on the website, you can establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of all user names, passwords, and account data, and you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Neli of any unauthorized use of your password or account. If your Neli account has been suspended or terminated, you may not open another account on the application. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Neli accounts.
Restricted Activities. You agree that any content you provide via third party App and your use the website shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) have the aim of competing with Neli; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, but without containing child pornography; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or that you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying us a fee, could cause us to violate any applicable law, statute, ordinance, or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on any Application without Neli’s prior written consent. We do not knowingly collect personal information from children under 18 years of age, and if we become aware that a child under the age of 18 has submitted personal information to us, we will promptly remove it from our systems.
You are prohibited from soliciting Users of this website including Techs, for any purpose (including inviting other Users to contact you off of the website or inviting Users to participate in a website that competes with Neli or the website, including, but not limited to, charging money to receive answers or to communicate with purported Techs or specialists).
Suspension or Termination of Service. You may terminate your service and account at your sole discretion and at any time by written notice via e-mail to admin@nelihome.com. Terminations typically will be effective within seven business days after our receipt of your termination notice, at which time your account will be closed, and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the terms.
At any time, with or without notice, for any or no reason, Neli reserves the right to refuse service to anyone, to modify and discontinue any portion of any Service, and to restrict, suspend and terminate Users’ accounts.
Privacy Policy; Receipt of Special Offers and Other Communications
Your privacy is very important to us. Any personally identifying information submitted through the Service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. We may use your personal information as described in the Privacy Policy. Additionally, we may send you notifications about new Service features, special offers, promotional announcements, and customer surveys via email, notifications within the Service, text messages, or other methods. By using the Service, you consent to receive electronic communications from us regarding the Service. These communications may include notices about your account (e.g., change in password or activity), confirmation e-mails and other transactional information), introductions or confirmations of introduction and information concerning or related to our Service. You acknowledge these communications are a necessary part of the Service and you agree to receive them as part of the Service.
By accepting these Terms, you agree to receive coupons, special offers, and other communications from Neli per the terms of the Privacy Policy.
7. Legal Statements
Release. Users are responsible for their acts and omissions and content placed on any Application. Neli will not be liable to Users for any disputes that may arise between or among Users.
Proprietary Rights of Content. You acknowledge that Neli and its licensors and suppliers own the rights to all Apps and the content displayed on the application other than Chats. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of any App, any software distributed by, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics, or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Neli, Neli Users, or Neli Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, whether done directly or through intermediaries (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) including code and software for commercial purposes. For permission to use third-party materials appearing on any App, please contact the copyright owner. You do not acquire ownership rights to any content, document, or other materials viewed through any App. The posting of information or materials on Neli’s application does not constitute a waiver of any right in such information and materials.
Any access to, or use of, Neli to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application, or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with Neli (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, user accounts, circumvent and/or automate technological security measures or restrictions, or flag content) without the prior written authorization of Neli is prohibited. This prohibition specifically applies but is not limited to, software, programs, applications, and services for use or operation on or by any computer and/or any electronic, wireless, and/or mobile device, technology, or product that exists now or in the future.
If you access Apps, you may not copy, display, distribute, perform or create derivative works from the content displayed on the website or other intellectual property in violation of the Terms of Service or for purposes inconsistent with the Terms of Service, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Apps or any provision of the Terms of Service that restricts content, conduct, accounts, or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Neli webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101.
You agree that Chats on the website(s) and/or APP(s), materials, ideas, comments, and testimonials you submit on the website(s) and/or APP(s) or other venues, including but not limited to the Neli blogs; the Neli venues on www.facebook.com, www.twitter.com, www.linkedin.com, www.youtube.com, www.pinterest.com, www.flickr.com ; the website(s) and/or APP(s) administrator or any employee, officer or agent of Neli (“User Content”), will not be considered confidential and may be used by Neli, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that Neli owns, and has the right to register in its name, trademarks, and service marks for any category names that you create on Neli, so do not use a category name that you want to reserve for your own benefit. Neli may use other trademarks or service marks in lieu of the category names that you create.
You grant to Neli a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Chats and User Content, in any media now known or not currently known, with respect to any such Chats and other User Content.
No Endorsement of Non-Neli Entity; No Relationship with Users
Neli may endeavor to offer to its Users products and services offered by non-Neli entities. Any App may contain links to a third-party website(s) and/or APP(s) and service providers (collectively, “Third Party Services”) that are not owned or controlled by Neli. Neli has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third-Party Services. Neli encourages you to, and you acknowledge that you are solely responsible for, reviewing, and complying with any third-party terms and conditions and privacy policies. Neli cannot and will not censor or edit the content of any Third Party Service. Placement of information, logos, links, or names of such non-Neli entities on the website(s) and/or APP(s) does not constitute an endorsement or warranty of these entities, their products, or services. By using this website, you agree that Neli is not responsible for, and you take full responsibility for, a decision to visit or patronize any such Third Party Service or entity, you hold Neli harmless from any and all liability arising from such actions, and you expressly relieve Neli from all liability arising from your use of third-party Services.
You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and Neli or between any User (including Customers and Techs) and Neli by agreeing to the Terms or by your participation on any App.
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY OPINION, ANSWER, OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE(S) AND/OR (S), FROM THIRD PARTIES OR OBTAINED FROM A LINKED WEBSITE(S) AND/OR APP(S). PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
8. Information Control and Storage
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using any App. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this website, you agree to accept such risks and that Neli is not responsible for the acts or omissions of Users on the website.
The amount of storage space per User is currently limited. You agree that Neli is not responsible or liable for the deletion or failure to store content and/or other information.
Exclusion of Warranties
NELI SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS website SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. NELI DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS website OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NELI DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED website WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE, OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES WILL NELI BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE website, FROM THIRD PARTIES (SUCH AS TECHS OR OTHERS) OR A LINKED website, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED website. USE OF THIS website IS AT USERS’ SOLE RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NELI OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
Limitation of Liabilities
IN NO EVENT SHALL NELI, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR website, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS website AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO NELI IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Any claim or cause of action by you must be brought within one (1) year following the occurrence of the event resulting in such claim or action. These limitations shall apply regardless of whether we knew, should have known or were forewarned of the possibility of such damages.
In addition Neli, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors or assigns shall not be liable for any liability, whether direct, indirect or otherwise, (including without limitation any liability for property damage or personal injury) arising out of or related to a Tech’s instructions or due to your own error, including without limitation arising from the aforementioned.
Indemnification
You agree to indemnify and hold Neli, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities, and expenses including reasonable attorneys’ fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the website.
Press Releases and Third-Party Press about Neli
An App may contain press releases and other information about Neli. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by Neli. Likewise, third-party press about Neli or the website should not be relied upon as being provided or endorsed by Neli.
Choice of Law
The Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of law provisions.
Dispute Resolution
If you have a dispute with Neli or if Neli has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below:
(a)Informal Resolution. Prior to initiating mediation or arbitration, the party with a grievance must:
(i) Notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to the User’s email address on file with Neli, or Neli, 3096 S. Horner BLVD, Suite 354 Sanford, NC 27342 or admin@Neli.com, whichever is applicable (“Dispute Notification”);
(ii) The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond.
(iii) The other party then has 15 days to consider the response and reply.
(c) ARBITRATION. IF MEDIATION DOES NOT OCCUR OR IF MEDIATION DOES NOT RESOLVE THE DISPUTE, THEN BOTH PARTIES AGREE TO ARBITRATE ANY DISPUTES THEY HAVE WITH THE OTHER SO LONG AS SUCH DISPUTES ARE ARISING OUT OF OR RELATED TO THIS AGREEMENT. SPECIFICALLY, YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE FEDERAL ARBITRATION ACT GOVERNS “Dispute Resolution” AND THAT YOU AND NELI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY INVOLVING ALL DISPUTES, CLAIMS, AND CONTROVERSIES, OF ANY SORT OR NATURE, BETWEEN US, ARISING OUT OF THE USE OF THE website AND WAIVING THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION REGARDING ANY DISPUTE. YOU AND NELI AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU MUST FILE ANY DEMAND FOR ARBITRATION. YOU MAY HAVE WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). SUCH ARBITRATION IS FINAL AND BINDING AND WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (COLLECTIVELY, “AAA RULES”). THE DECISION OF THE ARBITRATOR(S) SHALL BE BINDING AND ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
(d) CLASS ACTION WAIVER. YOU AND NELI EXPRESSLY AGREE THAT: (i) EACH PARTY MUST BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING; (ii) THERE SHALL BE NO CLASS CLAIMS, CONSOLIDATION, OR JOINDER ALLOWED IN ANY ARBITRATION BETWEEN THE PARTIES; AND (iii) NO CLAIMS MAY BE MADE THROUGH AN ACTION PURPORTING TO REPRESENT A CLASS OF USERS OR OTHERWISE ASSERTING CLAIMS ON BEHALF OF A CLASS (“CLASS ACTION WAIVER).
This Dispute Resolution section shall survive termination of these Terms.
9. Agreement; Assignment; Miscellaneous
The Terms constitute the complete and exclusive statement of the agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties, and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any Neli employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of Neli), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, these Terms and the Privacy Policy will prevail over other terms of the website; also, these terms, the Privacy Policy, and disclaimers will prevail over FAQs, and other rules and policies any App. If any provision(s) of the Terms is held by any arbitrator or court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Neli’s failure to exercise or enforce any of the Terms shall not constitute a waiver of Neli’s right to exercise or enforce the Terms as to the same or another instance. Headings in these Terms are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.
You agree that Neli may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interaction with other users of the website, the pricing offered, and fraud mechanisms in place, are based upon individual usage. Neli shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of Neli. No delay or omission on the part of Neli in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
We shall be entitled to our reasonable costs and expenses (including reasonable attorneys’ fees) incurred in connection with the enforcement of these Terms against you.
Special Provisions Relating to Virtually There™ Users
If you agree to accept Virtually There™ services (whether such services are Information Only or Beyond