Terms of Use

USER AGREEMENTS:

GENERAL TERMS AND DEFINITIONS

GoldHawk Realty, Inc, doing business as Next Live Music, and its affiliates, Heart of Music Publishing (ASCAP) and Firefall Music (BMI), collectively and individually herein referred to as “NLM”, offers online products and services for the general public, live music venues, music performers, music event organizers, and other related entities in the live music community.

NLM provides various websites, features, services, content, and/or applications (collectively and individually herein referred to as the “NLM Platform”). Each product or service within the NLM Platform may have other posted guidelines or rules (the “Additional Terms”). All such Additional Terms are incorporated by reference into this “Terms of Use” agreement.

By using and/or accessing the NLM Platform, you agree to be bound by this “Terms of Use” agreement and any other additional terms incorporated by reference herein, whether you are a “VISITOR”, or you are an “ACCOUNT HOLDER”. You are a “VISITOR” if you simply browse the NLM Platform with limited access to information on the NLM Platform. You are an “ACCOUNT HOLDER” if you have registered for an NLM Platform account. You are only authorized to use the NLM Platform if you agree to abide by all applicable laws and to this “Terms of Use” agreement. If you do not agree with this “Terms of Use”, you should exit the NLM Platform immediately and discontinue using the NLM Platform. This paragraph applies regardless of whether your use or access of the NLM Platform was intentional or unintentional. “VISITORS” and “ACCOUNT HOLDERS” are collectively referred to herein as “USERS”.
CHANGES TO THIS AGREEMENT OVER TIME. NLM may modify this Agreement from time to time, and any such modifications shall be effective upon posting by NLM on the NLM Platform. You agree to be bound to any changes to this “Terms of Use” agreement when you use the NLM Platform after any such modification is posted. It is therefore important that you review this Agreement before each of your visits to the NLM Platform to ensure that you are aware of any changes to this Terms of Use agreement.
CHANGES TO THE NLM PLATFORM OVER TIME. You understand and agree that NLM may discontinue or change the NLM Platform at any time, without notice to you. NLM makes no commitment to update the information and content on the NLM Platform.
PLATFORM ACCOUNT REGISTRATION. You are not required to have an account just to browse the public information available on the NLM Platform. However, there are significant benefits in having an account on the NLM Platform. To become an Account Holder within the NLM Platform, you must register as a Consumer User, Venue User, Performer User, Event Organizer User, or Community Contributor User. You agree to provide true, accurate, and complete information about yourself as prompted by any account registration processes, including, without limitation: a) If you are an individual consumer, then your legal personal name, a valid phone number, and a valid email address are required, or b) If you are a live music venue, performer, event organizer, or community contributor, then a legal business name, a valid business contact phone number, and a valid business email address are required. In addition, you agree to update that information to maintain its truthfulness, accuracy, and completeness. You represent and warrant that you are at least eighteen (18) years of age to establish an account and have the legal capacity and authority to be bound by this “Terms of Use” agreement. Your registration information and other information about you is subject to our Privacy Policy: https://www.nextlivemusic.com/privacy/.
1. Live Music Consumer User. You agree and acknowledge that i) all data obtained from the NLM Platform is intended only for your personal, non-commercial use; ii) you will not copy, redistribute, or retransmit any of the data or information provided on the NLM Platform, unless you have written permission by NLM to do so; and iii) you will defend, indemnify and hold harmless NLM, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney’s fees and litigation costs and expenses at trial or on appeal, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this “Terms of Use” agreement.
2. Live Music Venue User. If you register as a Live Music Venue, you represent, warrant, and agree that: (1) you have the permission of your venue owner or venue lessee to register the property as a Live Music Venue User; (2) you will transfer your access to another representative of the Live Music Venue if, at any time, you no longer have the permission of the venue owner or venue lessee to manage the venue’s account on NLM ; (4) you authorize NLM to contact you via email, text and/or telephone as necessary relating to the NLM Platform and your venue’s NLM account; and (5) you will defend, indemnify and hold harmless NLM, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney’ s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agreement.
3. Live Music Performer User. If you register as a Live Music Performer, you represent, warrant, and agree that: (1) you have the permission of the music group (that you belong to or represent) to register the performer or performance group as a Live Music Performer User; (2) you will transfer your access to another representative of the Live Music Performer or performance group if, at any time, you no longer have the permission of the Live Music Performer or performance group to manage their Performer account on NLM ; (4) you authorize NLM to contact you via email, text and/or telephone as necessary relating to the NLM Platform and your Performer’s NLM account; and (5) you will defend, indemnify and hold harmless NLM, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney’ s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agreement.
4. Live Music Event Organizer User. If you register as a Live Music Event Organizer, you represent, warrant, and agree that: (1) you have the permission of the Event Organizer or Event Organization to register the Event Organizer or Event Organization as a Live Music Event Organizer; (2) you will transfer your access to another representative of the Live Music Event Organizer or Event Organization if, at any time, you no longer have the permission of the Live Music Event Organizer or Event Organization to manage the Event Organizer account on NLM ; (4) you authorize NLM to contact you via email, text and/or telephone as necessary relating to the NLM Platform and your event organizer’s NLM account; and (5) you will defend, indemnify and hold harmless NLM, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney’ s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agreement.
5. Live Music Event Community Contributor User. If you register as a Live Music Event Community Contributor, you represent, warrant, and agree that: (1) you will use due diligence and great care when you post a live music event on the NLM Platform by ascertaining the accuracy of what you post; (2) you will make sure that the live music event is not already on the NLM Platform; (4) you authorize NLM to contact you via email, text and/or telephone as necessary relating to the NLM Platform and your community contributor NLM account; and (5) you will defend, indemnify and hold harmless NLM, and its members, managers, subsidiaries, affiliates, officers, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorney’ s fees and litigation costs or expenses, arising from your breach of the representations, warranties, duties or obligations made or assumed by you in this Agreement.
OBLIGATION FOR USING YOUR PASSWORD. All information transmitted by, submitted by, or received from anyone presenting your password on the NLM Platform will be deemed to have originated from you, and shall be binding on you. You agree that you are solely liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the NLM Platform for which you will be legally responsible. If you suspect that someone may have obtained access to your password, who is not intended to have authority to act on your behalf, please contact NLM immediately to authorize NLM to deny access to the NLM Platform to anyone else presenting your password. You understand and agree that NLM may require you to change your account password from time to time for security purposes and may require additional security measures for you to access your Account.
COMMUNICATIONS WITH YOU. NLM adheres to the Telephone Consumer Protection Act Consent for United States Residents. By using the NLM Platform and submitting your contact information, you are providing your express written consent to receive communications from NLM at the email address and telephone numbers you entered into your account registration or contact form, or that you later provide to us or enter into the NLM Platform.
ADVERTISEMENTS AND LINKS TO OTHER SITES. The NLM Platform may contain advertisements and hyperlinks to third party websites that are not under the control of NLM, including, without limitation, hyperlinks to the websites of Service Providers and advertisers. NLM is not responsible for any content in any advertisement or hyperlink on the NLM Platform or for any content in any hyperlinked website. If you access a third party website from the NLM Platform, then you do so at your own risk. A hyperlink to a third-party website does not imply that NLM endorses the content on or the business of the hyperlinked website. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE INTEGRITY AND RELIABILITY OF THE INFORMATION IN ANY ADVERTISEMENT OR HYPERLINK ON THE NLM PLATFORM AS WELL AS THE INFORMATION ON THE HYPERLINKED WEBSITE. NLM provides hyperlinks only as a convenience. Further, because our Privacy Policy is applicable only when you are using an NLM Platform. Once you have linked to another site, you should read that site’s privacy policy before disclosing any personal information. Additionally, your dealings with or participation in promotions of advertisers or Service Providers found on the NLM Platform, including payment for and delivery of goods and services, and any other terms (such as warranties) are solely between you and such advertisers or Service Providers. You agree that NLM shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers or Service Providers.
INTELLECTUAL PROPERTY PROTECTION. As between you and NLM, the information displayed on the NLM Platform, including, without limitation, live music events, data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, prices, product and service descriptions, advertisements, directory information, and data compilations (collectively, “Content”), is the property of NLM or its licensors, and is protected by U.S. and international trademark, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such Content, unless you obtain specific express written permission from NLM. Systematic retrieval of data or other Content from the NLM Platform to prepare any collection, compilation, database, or directory is strictly prohibited. NLM’s trademarks, service marks, and trade dress may not be used, including as part of trademarks, service marks, or as part of domain or sub-domain names, in connection with any product or service, other than those of NLM. You may not use any of NLM’s trademarks, service marks or trade dress in whole or in part without the prior written permission of NLM.
USER SUBMISSIONS. NLM does not claim ownership of any materials you may provide to NLM (including feedback and suggestions) or that you post, upload, input or submit in connection with your use of the NLM Platform (your “Submissions”). However, subject to the NLM Privacy Policy, you hereby grant NLM a royalty-free, perpetual, world-wide license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat your Submissions, and to publish your name in connection with your Submissions) your Submissions in connection with the operation and promotion of the NLM Platform. No compensation shall be paid or owed to you with respect to NLM’s or its sublicenses’ use of your Submissions as licensed above. NLM is under no obligation to post or use your Submissions, and may remove your Submissions at any time in NLM’s sole discretion. By posting messages, uploading files (including but not limited to graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through NLM, you represent and warrant that you own or otherwise possess the rights necessary to do so and to grant NLM the license set forth above, and you will defend, indemnify and hold harmless NLM and its, officers, directors, managers, members, employees, agents and partners from any third party claims, damages, or judgments, including attorney fees and litigation costs and expenses related to a breach of any of your foregoing representations,, warranties, duties or obligations. You are prohibited from posting on or through the NLM Platform any of Submissions that are of the type described in the “Prohibited Submissions” listed below. NLM reserves the right to investigate and take appropriate legal action against anyone who, in NLM’s sole discretion, violates this provision, including without limitation, removing the offending Submission from the NLM Platform and terminating the Accounts of such violators. “Prohibited Submissions” include, but are not limited to Submissions that, in the sole discretion of NLM are: offensive and promote racism, bigotry, hatred or physical harm of any kind against any group or individual; harass or advocate harassment of another person; exploit people in a sexual or violent manner; contain violence or offensive subject matter or contain a link to an adult website; solicit personal information from anyone under the age of eighteen (18) years; promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promote an illegal or unauthorized copy of another person’s copyrighted work; involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; further or promote any criminal activity or enterprise or provide instructional information about illegal activities; violate another person’s privacy; or provide or create computer viruses; solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or include a photograph of another person that you have posted without that person’s consent. NLM ASSUMES NO RESPONSIBILITY FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY USER SUBMISSIONS. NLM ASSUMES NO RESPONSIBILITY FOR MONITORING USER SUBMISSIONS AND, IF AT ANY TIME NLM CHOOSES, IN ITS SOLE DISCRETION, TO MONITOR USER SUBMISSIONS, NLM NONETHELESS ASSUMES NO RESPONSIBILITY FOR THE SUBMISSIONS, NO OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE OR INACCURATE SUBMISSION, AND NO RESPONSIBILITY FOR ANY USER CONDUCT IN SUBMITTING ANY SUBMISSION. FURTHERMORE, NLM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT YOUR RELIANCE UPON ANY SUBMISSIONS SUBMITTED BY OTHER USERS OR ANY SUBMISSIONS THAT YOU TRANSMIT TO OTHER USERS.
DISCLAIMER OF WARRANTIES. NLM does not guarantee or warrant that the information on the NLM Platform (“Content”) is accurate, complete, timely, or free of technical or typographical errors whether provided by NLM or a third party. It is your responsibility to verify any information provided to you through the NLM Platform. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CONTENT ON THE NLM PLATFORM IS AT YOUR SOLE RISK. THE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NLM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NLM MAKES NO WARRANTY THAT THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE NLM PLATFORM AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE; NOR DOES NLM MAKE ANY WARRANTY CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES PROVIDED OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY CONTENT. NLM MAKES NO WARRANTY REGARDING ANY ADVERTISEMENT OR PROMOTION OF ANY KIND ON THE NLM PLATFORM OR ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD-PARTY SITE, INCLUDING ANY ADVERTISER OR SERVICE PROVIDER SITE. NLM MAKES NO WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ADVERTISERS OR SERVICE PROVIDERS AND OTHER USERS, THE RELATIONSHIPS BETWEEN CONSUMER USERS AND REGISTERED NLM PLATFORM ACCOUNT HOLDERS USERS. NO INFORMATION OBTAINED BY YOU FROM THE NLM PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. YOU AGREE THAT NLM, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE NLM Platform SHALL BE RESPONSIBLE OR LIABLE FOR ANY PUNITIVE, EXEMPLARY, STATUTORY, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE NLM Platform, ANY PRODUCTS, SERVICES, OR CONTENT OFFERED OR PROVIDED ON THE NLM PLATFORM, ANY OTHER HYPERLINKED WEBSITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, ANY PERSON’S RELIANCE ON ANY INFORMATION OR CONTENT PROVIDED IN THE NLM Platform, WHETHER OR NOT THE INFORMATION OR CONTENT IS CORRECT, CURRENT, OR COMPLETE, OR THE CONSEQUENCES OF ANY ACTION YOU OR ANY OTHER PERSON TAKE OR FAIL TO TAKE BASED ON CONTENT PROVIDED BY OR AS A RESULT OF THE USE OF THE NLM Platform. YOU SPECIFICALLY AGREE THAT NLM IS NOT LIABLE FOR ANY CONDUCT BY YOU ASSOCIATED WITH THE NLM Platform, INCLUDING, BUT NOT LIMITED TO, ACTIVITIES RELATING TO ACCOUNT HOLDER PROFILES, SERVICE PROVIDER DIRECTORY OR OTHER SERVICES CURRENTLY OFFERED OR THOSE SERVICES THAT WILL BE OFFERED IN THE FUTURE. NLM IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR SERVICE PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE NLM Platform, INCLUDING ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM USE OF THE NLM PLATFORM. IN NO EVENT SHALL NLM, ITS AGENTS, OR PROVIDERS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, STATUTORY, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE NLM PLTFORM, OR FROM ANY INFORMATION, PRODUCTS OR SERVICES PURCHASED, OBTAINED, OR ACCESSED, OR FROM ANY ADVERTISEMENTS, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE NLM Platform, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE PROPERTY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NLMHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF NLM TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NLM FOR THE ACCESS TO AND USE OF THE NLM Platform. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. You agree that regardless of any statute or law to the contrary, you will file any claim or cause of action arising out of or related to your use of the NLM Platform or this Agreement within one (1) year after such claim or cause of action arose or be forever barred.
INDEMNITY. You agree to defend, indemnify and hold harmless NLM, and its subsidiaries, affiliates, officers, managers, members, employees, agents, and other partners against any and all claims, damages, judgments, and expenses, including attorneys’ fees and litigation costs and expenses, arising from your use of the NLM Platform, breach of this Agreement, or breach of any third party’s rights. This and any other duty of indemnification set forth herein shall survive any termination of your account or use of the NLM Platform.
PRIVACY POLICY. NLM respects your right to privacy and understands that visitors to and account holders with the NLM Platform need to be in control of their personal information. To that end, NLM has developed a Privacy Policy, and you should review it carefully. Your use of the NLM Platform constitutes your consent to the NLM Privacy Policy: https://www.nextlivemusic.com/privacy/.
TERMINATION OF NLM Platform ACCESS AND ACCOUNT. You understand and agree that NLM in its sole discretion, may terminate your account and any corresponding subscriptions, delete any content stored in your account, direct you to cease using the NLM Platform, and discontinue or restrict your access to the NLM Platform, all without notice to you and for any reason. In addition to the foregoing, if you are an NLM account holder, you agree and understand that NLM may terminate your Account at its sole disc. You agree that NLM shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the NLM Platform, your account, or any parts thereof.
PRICING, RENEWALS, AND REFUNDS.
1. NLM’s services and products will always be free for the general public (non-account holders). The general public has browse-capability for all live music events, as well as live music venue information, live music performer information, and other live music community news and information.
2. NLM’s services and products will always be free for Live Music Consumer account holders, who have all the benefits of a general public user and more. For instance, they can join a Live Music Performer’s Fan Club space on the Next Live Music platform, if the performer sets up a Fan Club. They will also be able to elect to be notified automatically if an event gets cancelled or postponed. Live Music Consumers do not have access to post events.
3. NLM’s services and products will always be free for Live Music Community Contributor account holders. These account holders have all the benefits of a general public user and a Live Music Consumer account holder. They also have the ability to post live music events which they know about, but which are not on the Next Live Music Platform.
4. Initially, Live Music Venue account holders, Live Music Performer account holders, and Live Music Event Organizer account holders will be able to register for an account and post live music events for free. However, sometime in the future, to cover costs, NLM may need to charge a nominal fee per event posted, for example $2 per event, but the exact amount cannot be determined at this time, so for the foreseeable future, the NLM Platform will be free to the entire live music community. This “Terms of Use” agreement will be updated in future to reflect any changes in pricing.
5. NLM reserves the right to change pricing and policies relating to any of its Products or Services at its sole discretion.
AGREEMENT TO ARBITRATE. You and NLM each agree that any and all disputes or claims that relate to or arise from your use of or access to the NLM Platform, or any products or services sold, offered, or purchased through the NLM Platform shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”). The arbitrator shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable. No federal court, state court, local court, local agency, or foreign court shall have exclusive authority to resolve any disputes between NLM and other parties. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings is available on the AAA’s site at https://www.adr.org. The arbitration shall be held in the County of Alameda, California, U.S. i or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or NLM may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and NLM subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your Account or your use of or access to our Services, or any products or services sold, offered, or purchased through our Services.
1. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF. You and NLM agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. Unless both you and us agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form if a consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect our other NLM Platform users.
2. COSTS OF ARBITRATION. Costs of arbitration shall in itially be paid by the claimant. If the claimant wins the claim, the other party to the arbitration shall reimburse claimant all costs paid by the claimant for arbitration. If claimant loses, claimant shall reimburse the other party in the arbitration all costs which the other party paid for the arbitration. In the event the arbitrator determines the claim(s) that the claimant asserts in the arbitration to be frivolous, the claimant agrees to reimburse the other party to the arbitration for all fees associated with the arbitration paid by the other party.
3. CONFIDENTIALITY. The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
4. SEVERABILITY. With the exception of any of the provisions in of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
MISCELLANEOUS.
1. Assignment. This Agreement shall bind and inure to the benefit of NLM’s successors, assigns and licensees. NLM shall have the right to assign or otherwise transfer its rights or obligations under this Agreement whether by contract or operation of law without your consent. You shall not have the right to assign, by contract, operation of law or otherwise, this Agreement or any of the rights, interests, or obligations hereunder.
2. Severability. In the event that any provision of this Agreement is, becomes, or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this Agreement shall continue in full force and effect without such provision.
3. Waiver. The failure of NLM at any time or times to require performance of any provision hereof shall in no manner affect the right of NLM at a later time to enforce the same.
4. Applicable Law. NLM makes no representation that any of the Content is appropriate or available for use in all world-wide locations. NLM has no responsibility for any access to this NLM Platform from countries or territories where the Content may be illegal or otherwise prohibited. If you choose to access this NLM Platform from such locations, you do so at your own risk and are responsible for compliance with applicable local laws. Any claim relating to the use of the NLM Platform and any Content shall be governed by the internal substantive laws of the U.S. State of California, without regard to its conflicts of laws rules outside of California. You expressly consent to the jurisdiction of the state and federal courts of California for any such claim.
5. Entire Agreement. These “Terms of Use”, as amended, and the consents provided by you, constitute the entire agreement between you and NLM.
ACCEPTANCE OF THESE TERMS OF USE.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.