Terms and Conditions for Nudge

Welcome to Nudge, a platform that connects buyers and sellers through an online marketplace. By accessing or using our services, you agree to be bound by these terms and conditions (“Terms”). Please read them carefully before using our services.

1. Services Nudge provides a platform that allows users to browse and purchase products from various sellers. Nudge is not a party to any transaction between buyers and sellers, and is not responsible for any aspect of the transaction.
2. Eligibility To use our services, you must be at least 18 years old and able to enter into legally binding contracts. By using our services, you represent and warrant that you meet these eligibility requirements.
3. User Conduct You agree not to use our services for any illegal or unauthorized purpose, and to comply with all applicable laws and regulations. You also agree not to:

• Post false, inaccurate, misleading, defamatory, or libelous content;
• Harass, bully, or intimidate any other user;
• Infringe on any third-party’s intellectual property rights;
• Attempt to interfere with our services, or harm or exploit other users in any way;
• Misrepresent yourself, or impersonate any other person or entity;
• Use our services in a manner that could damage, disable, overburden, or impair our servers or networks;
• Collect or store any personal information about other users without their express consent; or
• Engage in any other activity that violates these Terms or applicable law.

4. Seller Guidelines If you are a seller on Nudge, you agree to:

• Provide accurate and complete information about your products;
• Fulfill orders promptly and accurately;
• Comply with all applicable laws and regulations, including those related to taxes and consumer protection;
• Honor your return policy and provide refunds when appropriate; and
• Respond promptly and courteously to any customer inquiries or complaints.

5. Buyer Protection We take the safety and security of our users very seriously. If you experience any issues with a transaction, please contact us immediately. We may investigate and take appropriate action, including canceling the transaction, refunding the buyer, or suspending or terminating the seller’s account.
6. Liability Limitations To the extent permitted by law, Nudge shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our services, whether based on breach of contract, tort, strict liability, or any other legal theory.
7. Indemnification You agree to indemnify and hold Nudge and its affiliates, officers, directors, employees, and agents harmless from any claim, demand, or damages, including reasonable attorneys’ fees, arising out of or in connection with your use of our services, your breach of these Terms, or your violation of any law or third-party rights.
8. Modifications We may modify these Terms at any time by posting a revised version on our website. Your continued use of our services following any such modification constitutes your agreement to be bound by the revised Terms.
9. Governing Law These Terms shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of law.
10. Dispute Resolution Any dispute arising out of or relating to these Terms or your use of our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Los Angeles, California, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
    Limitation of Liability
11. Nudge shall not be held responsible or liable for any damages or losses, including but not limited to direct, indirect, incidental, special, consequential, or punitive damages, resulting from or arising out of your use of the Nudge platform, products or services, even if Nudge has been advised of the possibility of such damages. This includes but is not limited to damages or losses resulting from:
    • The use or inability to use the Nudge platform, products or services
    • Unauthorized access or alterations to your transmissions or data
    • Statements or conduct of any third-party on the Nudge platform, products or services
    • Any other matter related to the Nudge platform, products or services
    12. Buyer Protections

    Nudge is committed to providing a safe and secure platform for our buyers. We offer a buyer protection program to protect your purchases from fraud and misrepresentation. In the event that you receive a product that is not as described, or if you do not receive the product at all, we will work with you and the seller to resolve the issue. If we cannot resolve the issue, we will offer you a refund or credit for the purchase amount.

    13. Dispute Resolution

    In the event of a dispute between users on the Nudge platform, we encourage users to work together to resolve the issue. If a resolution cannot be reached, Nudge may, at its sole discretion, offer dispute resolution services. These services may include mediation or arbitration, and the decision reached will be final and binding.

    14. Governing Law

    These terms and conditions, along with any disputes arising out of or related to the Nudge platform, products or services, shall be governed by and construed in accordance with the laws of the jurisdiction in which Nudge is registered, without giving effect to any principles of conflicts of law.

    15. Changes to Terms and Conditions

    Nudge reserves the right to modify these terms and conditions at any time, and any such modifications will be effective immediately upon posting. Your continued use of the Nudge platform, products or services after any such modification constitutes your acceptance of the modified terms and conditions.