Terms of Service

At Nookhub, INC. (the “Company” “We” “Our” or “Us“) we provide cyclists with the most User friendly, convenient, and efficient way to find a safe Nook to park your bicycle. We connect you,the cyclist, with Nook holders by reaching out to people in your neighborhood. Nook holders list their available space(s) on our application making them easy for you to find (the “Services”).Nookhub can be used on iOS application.

Your use of the website http://www.nookhub.com   and application (collectively, the “Site”) and the Services are subject to these Terms & Conditions, and our Privacy Policy which are incorporated herein (collectively the “Terms”). Please save a copy of this Agreement for your personal records. By accessing or using the Website, you are acknowledging that you have read,understood, and agreed, to be bound by this Agreement and our Privacy Policy without limitation or qualification.PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,REMEDIES, AND OBLIGATIONS, INCLUDING DISPUTE RESOLUTION CLAUSES AND LIABILITY LIMITATIONS AND EXCLUSIONS.

1.Eligibility

Anyone who agrees to these Terms and continues to abide by the terms therein is eligible to use the Site; provided, however, that certain Services on the Site that collect personally identifiable information might not be accessible to any person less than 18 years of age. We reserve the right to refuse to offer the Services to any person or entity and change eligibility criteria anytime. You are responsible for complying with all laws in the state or states in which you use the Services. The Services are offered for your use only and not for any third-parties. If you are a Nook holder, you represent and warrant that you have the legal right and authority to list, rent, and receive income for any Nook listed through the Services. You also must make sure that the listed property allows you to bring bikes onto the premises and/or into the building. If you are a Biker, you represent that you own or have the right and authority to park any bicycle you identify through the Service.

2.Registration

To use the Services, you will need to register by creating an Account. In consideration of your use of the Site and/or Services, you agree to: (i) provide accurate, current, and complete information about yourself, as may be prompted by any registration form on the Site ; (ii) maintain the security of your password and identification; (iii) maintain and promptly update your Account information and all other information that you provide to us; and (iv) be fully and solely responsible for all use of your Account and for any action that takes place within your Account. You are not permitted to do any of the following: (i) submit the information of another person with the intent to impersonate that person; (ii) use another person’s Account or registration information; (iii) publish, distribute or otherwise disclose the log-in information for your Account. You agree to notify us immediately of any breach of security or unauthorized use of your Account. You may delete your Account by contacting us at "[email protected]

3.Proprietary Rights in Site Content; Limited License to Access and Use Website.

All content that is on the Site or that is available through the Site, including all designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files and their selection and arrangement (collectively, "Site Content"), is the exclusive proprietary property of Nookhub, with all rights. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written consent, which may be withheld in our sole discretion, except with respect to any User Content (as defined in Section 5) that you post on the Site in accordance with the Terms. For so long as you are eligible to use the Site and you act in accordance with the Terms, you are granted a limited license to access and use the Site solely for the purposes as contemplated herein. Any use of the Site or of the Site Content, other than as may be specifically authorized herein, without our prior written consent (which may be withheld in our sole discretion), is strictly prohibited and will automatically and immediately terminate all licenses granted herein. Such unauthorized use might also violate applicable laws, including copyright or trademark laws and communications statutes and regulations. Unless explicitly stated herein, nothing in this Agreement may be construed as conferring any license to any intellectual property right, whether by estoppel, implication, or otherwise. At any time and from time to time, and without your consent, we may unilaterally revoke any license that we grant, in our sole discretion and without any notice or cause.

4.Nookhub Rules:

Our Nook Holders:

Our Bikers / Cyclists:

5.Nookhub Descriptions of the Services

6.Nookhub Rules of Conduct

You also should not:

7.Third-Party Services

The Services may permit you to link to other third-party resources such as social networks and other internet sources, and you agree that you do so at your own risk. The Service may allow you to post location data or other content to these third-party services. You acknowledge and agree that we do not control those third-parties and that we are therefore not responsible or liable for the content, functions, accuracy,legality, appropriateness or any other aspect of such services. Any such use does not imply our endorsement or any association between us and the third-party services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party.

8.User Disputes

We are not responsible for your interactions with other Users. To try to help resolve issues, we reserve the right, but have no obligation, to act as an intermediary in the event of any dispute, and you acknowledge and agree that we will incur no liability simply by virtue of acting as such an intermediary.

9.Cancellation/Refund Policy

You may receive a full refund for any reason by canceling your Reservation within thirty (30) minutes from placement. Thirty (30) minutes after your Reservation is placed, it is locked in, it can no longer be canceled, and you will be responsible for payment of the full amount of the reserved time.

10.Parking Limit Exceeded for cyclist

Nookhub sends a notification email to the cyclist when his or her Reservation is expiring. The cyclist can elect to purchase or apply an additional Reservation to continue using the current parking spot or pick-up the bike prior to the 24 hour Reservation period. If the cyclist fails to pick up the bike within the Reservation period, Nookhub will automatically charge the cyclist for an additional Reservation and a late fee of $X (“Late Fees”). Each additional Reservation period for which cyclist does not pick up his or her bike and/or pay for the Reservation will incur additional Reservation and Late Fees. Please remember that Nook Holders are not the equivalent of car parking garages; you may not leave your bike their indefinitely for any reason. If after 30 days from your initial Reservation you still have not picked up your bike, Nook Holders may remove your bike from the Nook and dispose of it in any manner they choose.

11.Payment of Nook Holders

You are responsible for providing us with a valid means of payment. By agreeing to these terms, you are giving Nookhub permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize Nookhub to satisfy. You authorize Nookhub to charge you the full amount owed to any Nook Holder via the Service, as well as Nookhub’s transaction and/or processing fee, if any.

Nookhub does not provide nor charge for bicycle parking. Nookhub may charge a transaction fee for each completed Reservation facilitated by Nookhub in exchange for the Services Nookhub provides to our Users.

12.Copyright Policy and Copyright Complaints.

We respect the intellectual property rights of others, and we prohibit the uploading, posting, transmitting, sharing, or otherwise making available any material that violates another party's intellectual property rights. When we receive proper notification of Alleged Copyright Infringement, as described below, we may promptly remove or disable access to any allegedly infringing material and may terminate any Account of any repeat infringer, in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe that your own copyrighted work is accessible on the Site or any service in violation of your copyright, then You may provide our Designated Agent with a written communication as set forth in the DMCA, 17 U.S.C. Sec. 512(c)(3) that contains substantially the following information:

Please note that you could be liable for damages, including court costs and attorney’s fees (whether incurred at trial, on appeal, or otherwise) if you materially misrepresent that any content on our Website or any service infringes any copyright. Filing a false form on this page constitutes perjury. On receiving a proper Notification of Alleged Copyright Infringement as described above, we may remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also may advise the alleged infringer of the DMCA statutory Counter Notification procedure, by which the alleged infringer may respond to your claim and request that we restore the material.

13.Comments and Feedback

We encourage you to leave detailed and honest feedback for Users (both Nook holders and bikers), and Nookhub.

a. All comments or posts should be related to the Services.

b. Be authentic. Include your real name and contact information

c. Be honest, professional, and use your best judgment in all situations. If you would not show the content to a child or grandparent, it may not be appropriate to post.

d. Comments advocating illegal activity, or posting of material that violates copyrights or trademarks of others, are prohibited.

e. The use of obscene, threatening or harassing language is prohibited. Personal attacks of any kind or offensive comments that target or disparage any ethnic, racial, age, or religious group, gender, sexual orientation or disability status are prohibited.

14.Reporting Misconduct

In the event that anything unlawful occurs, you agree to immediately report this and the responsible party to the local police. We request that, in any incident in which police are contacted, that you forward us the name of the police station, the police report number, the date and time of the incident, the names of the parties involved, and any other facts at [email protected] We request this information for the purpose of evaluating the Services and the individual parties and Nooks involved, but receiving a report does not obligate us to take legal action or constitute an agreement in incur any liability or undertake any action.

15.Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by contacting us. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

16.Warranty Disclaimer; Release from Liability

17.Indemnity

You shall defend, indemnify, and hold harmless Nookhub, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of the Terms, or infringement by you, or any third-party using your account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. These indemnification terms apply to any tax liability.

18. Amendments, Supplements and Modifications

We reserve the right, in our sole discretion, to unilaterally amend, change, supplement or otherwise modify or replace any of the Terms, or change, suspend, or discontinue the Services at any time without any notice or cause. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Therefore, please carefully review these Terms on a regular basis to maintain awareness of all amendments, modifications, and changes. By continuing to use the Services after any amendment, modification or change, you have agreed to be bound by all such amendmendts, modifications and changes.

19. Miscellaneous Legal Provisions

Contact. If you have any concerns, please talk to us at [email protected]