Terms of Use

Terms

Welcome to nomadic.fm, a website and online service owned and operated by Nomadic Learning Limited. (“Nomadic” “we,” or “us”). This page explains the terms by which you may use our service. By accessing or using the Nomadic services, website, applications and software provided through or in connection with the service, including through a mobile device (“Service”), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you are a registered user of our Service. The terms governing our agreement with companies or individuals that have contracted for an Enterprise Edition are set forth in a separate agreement (“Master Services Agreement” or “Licensing Terms”), but all users of the Service (whether of the free service or a paid service) must agree to these terms as well.

We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

Use Of Our Service

Nomadic provides a web-based learning environment for the consumption of Nomadic’s web-based education content.

Nomadic grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of this Agreement.

You will need to register with Nomadic and create a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

You may never use another Member’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Nomadic immediately of any breach of security or unauthorized use of your account. Although Nomadic will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of Nomadic or others due to such unauthorized use.

You may use your Account Settings to control your Member Profile. By providing Nomadic your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may use your Notifications Settings to opt out of many Service-related communications. We may also use your email address to send you other messages, including changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by changing the preferences in your Notifications Settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Certain Enterprise Editions have negotiated further modifications to the emails we may send you.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Service in a manner that sends more request messages to the Nomadic servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service nor to use the communication systems provided by the Service for any commercial solicitation purposes. You agree not to use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages.

Nomadic may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in Nomadic’s sole determination, you violate any of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with a non-Edition email address. Upon termination for any reason, you continue to be bound by this Agreement.

Nomadic reserves the right to offer alternative and/or additional Services to certain administrative users, including administrators of Enterprise Editions, that may not be offered to general Users. You acknowledge that Nomadic may charge a fee for the use of any Services, provided that Nomadic notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees incurred by you. In the event that you have elected to receive additional services for a fee, and you fail to pay such fee within thirty (30) days, then in addition to all other remedies available to Nomadic, Nomadic may immediately cease providing all such additional services.

Online Purchases

Nomadic allows you to purchase licenses to access Nomadic’s services via nomadic.fm. Your use of Online Purchasing via nomadic.fm includes the ability to enter into agreements and/or to make transactions electronically. Your use of Online Purchasing via nomadic.fm constitutes your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by and to pay for such agreements and transactions applies to all records relating to all transactions you enter into on this website, including notices of cancellation, policies and contracts. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Upon payment of all applicable fees (including applicable taxes) for access to a Nomadic Service, you are granted a non-exclusive license to the Service. See the section on "Terms" and “Use of Our Service” for information regarding the scope of the license rights granted to you. For clarity, the Services are licensed, not sold, to you. The license of any Service to you does not transfer any title or ownership of any intellectual property rights of Nomadic, its partners or any other of its licensors.

We reserve the right to refuse service to any person or to cancel any order in our sole discretion. Also, Nomdic reserves the right to change, without prior notice, Service options and features and pricing.

Delivery, Access & Payment

When you purchase a license to a Service from Nomadic, the Service will be available for digital delivery immediately after payment has been processed. Delivery of specific sections of the Service may be decided by your Institution of Study. For example, access to specific sections of the Service may be made at the time of specific classes or parts of your curriculum. The company name on your receipt will appear as "Nomadic Learning Inc." You will receive an email receipt following each credit card charge.

Nomadic uses a third-party service provider to manage credit card processing, and your credit card information is transmitted directly to the third-party service. This third-party processing service is not permitted to store, retain, or use your billing information except as necessary to process your credit card information for current or future purchases through nomadic.fm. Your full credit card number is never transmitted to or viewed by anyone at Nomadic (however, we are given and may print a portion of your credit card information on your receipt to let you know what credit card you used to make a purchase).

By purchasing a Service, you acknowledge and agree that the Services may only be accessed through the Nomadic web-based learning environment and any other platforms that Nomadic may in the future choose to support in its discretion. Use of the Services you purchase a license to through Nomadic.fm requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. Meeting these requirements, which may change from time to time, is your responsibility. For example the Nomadic web-based learning environment requires a high-speed Internet connection and use of a compatible Internet browser -- for example, Internet Explorer 9 or later, Safari version 5.1 or later or Chrome version 18 or later. You are responsible for obtaining, configuring and maintaining all computer hardware, software and communications equipment needed to access and use the Service, and for paying all third-party access charges (e.g., ISP, telecommunications, licenses etc.) incurred in meeting such requirements.

Pricing, Availability & Refunds

All prices and availability of a Service are subject to change at any time.

In general, all sales transacted through nomadic.fm are final and non-refundable. However, if you are unable to access a Service within a reasonable time after payment due to technical problems on our end, we’re happy to help you troubleshoot the problem and may, at our discretion, provide you with a refund – please contact us at help@nomadic.fm.

User Content

Some areas of the Service may allow Users to post feedback, comments, questions, data, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. Nomadic will not review, share, distribute, or reference any such User Content except as provided herein or in our Privacy Policy or as may be required by law. Absent an Licensee Administrator (as defined below), all such User Content is owned by the User who posted it to the Service, although each User acknowledges and consents that upon the introduction of a Licensee Administrator into that User’s Edition, all related User Content will automatically become the property of the company to which the Edition belongs without any notice to Users of that Edition. If a Edition has a Licensee Administrator, all such User Content is the property of the company to which the Edition belongs (including all User Content posted to a specific Group or Groups within a Edition and all User Content created prior to the existence of the Licensee Administrator). In either case, Nomadic does not have, nor does it claim, any ownership rights in any User Content. In addition, you should note that if you are no longer an eligible member of a Edition (e.g., you cease to be employed by the relevant company), your access to all User Content you uploaded may be terminated, regardless of whether the Edition has a Licensee Administrator. Once a User is removed from a Edition, the content of that User remains on the Edition and is the sole property of the company which administers that Edition.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Nomadic takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. Nomadic is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Nomadic shall not be liable for any damages you allege to incur as a result of such User Content.

You are solely responsible for your interactions with other Nomadic Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

Administration

Each Enterprise Edition may have one or more individuals who are responsible for overseeing the use of, and monitoring the content posted to, such Edition (the “Licensee Administrator”). Editions may exist on the Service absent a Licensee Administrator; in such case Users are responsible for conducting themselves in accordance with this Agreement.

Users should follow their particular company’s policies, guidelines, and procedures concerning the Content they post to the Service. Users may delete their own User Content from the Edition, so long as they are a Member of that Edition. Licensee Administrators may delete the User Content of one or more Users in their Edition.

License Grant

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. Nomadic reserves all rights not expressly granted herein in the Service and the Nomadic Content (as defined below). Unless Nomadic has agreed otherwise with respect to an Enterprise Edition, Nomadic may terminate this license at any time for any reason or no reason.

Our Proprietary Rights

Except for your User Content, the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the “Nomadic Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Nomadic and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Nomadic Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Nomadic under any fiduciary or other obligation, that we are free to disclose the Ideas on a non-confidential basis to anyone or otherwise use the Ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Nomadic does not waive any rights to use similar or related ideas previously known to Nomadic, or developed by its employees, or obtained from sources other than you.

Privacy

We care about the privacy of our Users. Click here to view our Privacy Policy

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.

Indemnity

You agree to defend, indemnify and hold harmless Nomadic and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NOMADIC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOMADIC, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL NOMADIC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOMADIC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL NOMADIC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO NOMADIC HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NOMADIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Certain Licensing Terms may provide slightly different rights to the parties thereto, but any such Licensing Terms do not change the rules applicable to Users covered by the foregoing.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Nomadic without restriction.

General

Governing Law. You agree that: (i) the Service shall be deemed solely based in the State of New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Nomadic, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Nomadic that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the State of New York.

Notification Procedures. Nomadic may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Nomadic in our sole discretion. Nomadic reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by Nomadic via the Service, shall constitute the entire agreement between you and Nomadic concerning the Service (although the owner of the Edition may also have agreed to be bound by the Master Services Agreement and/or Licensing Terms). If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Nomadic’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Please Contact us at info@nomadic.fm with any questions regarding this Agreement.