This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. NocNocK products are offered as a service of NNKSurveys, LLC and were created to enable everyone to communicate more effectively in every aspect of their lives.
Your use of the NocNocK products or services is governed by these Usage Terms. You should not use NocNocK products or services if these Terms are unacceptable to you. NNKSurveys, LLC may, in its sole discretion, modify or revise this Agreement and may impose new or additional terms at any time by updating or modifying the Usage Terms and Training License Terms. Changes to the Terms will be posted to the NocNocK website (www.nocnock.com). Such modifications and additional terms will be effective immediately and incorporated into these Usage Terms.
Continued use of the website, materials, and associated NocNocK Coaching products implies acceptance of the updated and modified terms. Thus, NNKSurveys, LLC encourages all users to visit the website periodically to review the Agreement.
NNKSurveys, LLC reserves the right to change, suspend, or discontinue any aspect of its NocNocK products and services at any time, including the availability of any feature, database, or content. NNKSurveys, LLC may have different terms and criteria for different countries. NNKSurveys, LLC may also impose limits on certain features and services or restrict your access to parts or all of its NocNocK offerings without notice or liability. For the purposes of these Usage Terms, the words, images, content, assessment(s), mobile tool, Naturally Observable Characteristics and NocNocK refer jointly and separately to the products and services.
All NocNocK materials published by NNKSurveys, LLC in any form of media, including, but not limited to, text, news articles, photographs, images, illustrations, audio clips, video clips, poll results, trademarks, service marks, logos, training materials, and other material (collectively, the "Content"), are protected by U.S. and international copyright and other intellectual property laws and are owned or controlled by NNKSurveys, LLC, or the party credited as the provider of the Content.
You may use the content on the NocNocK Website, iOS, and Android applications, and from the NocNocK Training Kits for personal purposes. You may not copy or republish content from the website or NocNocK Team Building Kit materials, except for those items included in the NocNocK Team Building Kit which are purchased from NNKSurveys, LLC While the use of this application is made available we have restricted your ability to conduct trainings or repurposing the use of the tool without acquiring a license from Sheppard Partners so you can conduct training using our copyrighted and protected content. You are expressly prohibited from using our trademarks and copyrighted materials in any fashion. To protect the science and concepts behind NNKSurveys, LLC 's NocNocK work, NNKSurveys, LLC reserves the right to audit any user created content. Based on the results of that audit, NNKSurveys, LLC may require modification of the user created content.
For specific trademark and copyright information, please review the Trademark and Copyright Guidelines. If you are purchasing or accessing NocNocK Content for use by someone other than yourself, you are responsible for complying with the additional Professional Conduct Rules.
Ownership of Naturally Observable Characteristics Profiles
The individual who participated in the NocNocK assessment has control over how the results are shared with others using the iOS or Android application. Certified trainers have access to printing the individual and team profiles regardless of whether the individual acquired the NocNocK Application, or the NocNocK Application was purchased for his or her benefit. If you return a survey to a Certified trainer, they will have access to your results. If an employer, coach, consultant, or other individual or entity (collectively, the "Purchaser") purchases NocNocK access for an individual, the Purchaser may be granted access to the results, but the individual will still control access to their own results and if they download the application they will be able to control who has access to the shared NocNocK information in the future.
The Assessments offered on the NocNocK are intended to be used by individuals aged 14 years and over. If you are a school administrator, teacher, or otherwise part of an educational setting and you intend to have students participate in any NNKSurveys, LLC assessment, you agree to take all necessary actions to comply with applicable student privacy laws, including, but not limited to, the Family Educational Rights and Privacy Act (FERPA).
You own all of the content and information you add to your NocNocK account, and you can control how it is shared through your invites and application settings. For content that is covered by intellectual property rights, like your photos, you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your photo that you posted on or in connection with usage of the tool. This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have created an image file of your information. For NocNocK to be effective it is designed to be shared. You will have control over who you provide access to your profile.
Representations, Warranties, and Limitation of Liability
The NocNocK website and Content are provided on an "as is" basis. NNKSURVEYS, LLC , TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS. WE TRY TO KEEP NOCNOCK UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING NOCNOCK AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT NOCNOCK WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT NOCNOCK WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. NOCNOCK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR NOCNOCK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR NOCNOCK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, NOCNOCK'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Under no circumstances, including, but not limited to, negligence, shall NNKSurveys, LLC its subsidiaries, affiliates, agents, or licensors be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or the inability to use NocNocK materials, products, or services. You specifically acknowledge and agree that NNKSurveys, LLC is not liable for any defamatory, offensive, or illegal conduct of any user. You agree that any kind of legal claim (whether in Contract, Tort, or otherwise) in any way connected with NocNocK or the Content on NNKSurveys, LLC NocNocK sites shall not exceed the amount you paid to NNKSurveys, LLC for the use of NocNocK. If you are dissatisfied with any NocNocK materials, products, or services or with any NocNocK product terms and conditions, your sole and exclusive remedy is to discontinue using the NocNocK product.
You agree to indemnify and hold NNKSurveys, LLC , its officers, directors, shareholders, predecessors, successor in interest, employees, agents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims, or expenses (including attorneys' fees), made against NNKSurveys, LLC by any third party due to or arising out of or in connection with your use of the NocNocK website or the Content.
Passwords, Accounts, and Access Codes
To access NNKSurveys, LLC 's NocNocK sites and content, you will need to provide an email address, photo, and password during the account creation process. You are responsible for maintaining the confidentiality of passwords and account information and are responsible for all acts or omissions that occur while your password or account is used. You may not use the NocNocK Application, or any Content for any unlawful purpose. You agree to notify NNKSurveys, LLC immediately of any unauthorized use of your password or account or any other breach of security and to ensure that you exit your account at the end of each session. NNKSurveys, LLC cannot and will not be liable for any loss or damage arising from your failure to protect your password and account information. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at NNKSurveys, LLC 's sole discretion, and NNKSurveys, LLC may refer you to appropriate law enforcement agencies.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features from NNKSurveys, LLC NocNocK Center website or other NNKSurveys, LLC websites, all of which are made a part of these Usage Terms. If there is a conflict between the Terms and the terms posted for, or applicable to, a specific portion of any service offered on or through the NocNocK website or other NNKSurveys, LLC websites, the latter terms shall control with respect to your use of that portion of the website or the specific service.
NNKSurveys, LLC may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All purchases are final. No refunds will be granted.
Privacy of Information
You may terminate your account at any time by discontinuing use of the NocNocK program. NNKSurveys, LLC may cancel or terminate the right to use NocNocK or any part of the NocNocK program at any time without notice. In the event of termination, access to the part of the NocNocK program affected by such cancellation or termination is no longer authorized. The restrictions imposed with respect to material downloaded from NocNocK sites, and the disclaimers and limitations of liabilities set forth in this Use Agreement, shall survive. This includes, but is not limited to, trademark and copyright protections.
This Agreement constitutes the entire agreement between NNKSurveys, LLC and you with respect to the subject matter contained in this Agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral. By using the NocNocK website or any Content, you agree that any dispute, claim, or cause of action arising out of or relating to your use of the website or the Content will be resolved by binding arbitration by the American Arbitration Association under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. The applicable law shall be the Federal Arbitration Act, applicable federal law, and the laws of the state of California.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the NocNocK website, or the NocNocK Application in violation of any applicable law or regulations, including without limitation United States export laws and regulations. This includes using the images, terms and other associated intellectual property of NocNocK.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
During the account registration process, you are given the opportunity to be informed of the latest NNKSurveys, LLC offerings and services. Selecting this checkbox is your express consent to opt in to receive additional information and promotional materials via email. You may opt out of this communication at any time in your account settings.
You will not use NocNocK to do anything unlawful, misleading, malicious, or discriminatory.
NocNocK users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1.You will not provide any false personal information on NocNocK, or create an account for anyone other than yourself without permission.
2.You will not create more than one personal account.
3.If we disable your account, you will not create another one without our permission.
You will not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account.
Conditions of Usages
We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on NocNocK.
We collect the content and other information you provide when you use our Services, including when you sign up for an account, create or share your profile with others. We also collect information about how you use our Services. We also collect content and information that other people provide when they use our Services, including information in relationship to you. We collect information about the people and groups you are connected to. We also collect contact information you provide if you upload, sync or import this information (such as an address book) from a device. We also collect information about device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals.
We may work with third-party companies in the future who could help us provide and improve our Services or who use advertising or related products, which makes it possible to operate this tool and provide free services to people around the world. In the future we may choose to include advertising in the tool and we want our advertising to be relevant to the user. With this in mind, we may use the information we have about you to show you relevant ads. And if we do advertising we may provide our partners with information about the reach and effectiveness of their advertising without providing information that personally identifies you. For example, we may tell an advertiser how its ads performed, or how many people viewed their ads.
We may in the future transfer information to vendors, service providers, and other partners who globally support our business, such as providing technical infrastructure services, analyzing how our Services are used, measuring the effectiveness of ads and services, providing customer service, or conducting academic research and surveys. These partners must adhere to strict confidentiality obligations in a way that is consistent with this Data Policy and the agreements we enter into with them.
Trademark and Copyright Guidelines
• You may not use the NocNocK ® trademark without prior written permission from NNKSurveys, LLC.
• NocNocK reports and instruments may not be reproduced in any form without the written permission of NNKSurveys, LLC.
• The trademark may be used in a factual context to identify the use of the instrument. You shall not use any NocNocK trademark in any manner that states or implies that the services being provided by you in connection with the NocNocK assessment are provided by or sponsored by NNKSurveys, LLC or that you are employed by, affiliated with, or sponsored by NNKSurveys, LLC.
• Always use the trademark in the way it was intended to be used. Do not alter the trademark in any way. Do not parody a trademark or portray it in a negative way.
• You will not claim to be a NNKSurveys, LLC Certified NocNocK Trainer unless you complete the requirements to be certified, which includes successful completion of any required recertification programs.