Coconut Nick - Terms of Service

The www.coconutnick.com website and the services offered via such site (collectively, the “Site”) are provided by Coconut Nick. (“CN”) and are subject to the terms set forth herein. By accessing, browsing and/or using this Site, you acknowledge that (i) you have read, understood and agree to be bound by the terms and conditions provided herein, and that (ii) you are at least 18 years of age. If you do not agree to, or cannot comply with, these terms, do not use this Site and exit immediately.
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CN reserves the right to make changes at any time to the Site and these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. Your continued use of the Site following the posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

SMS POLICY
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1. General: By opting in to text alerts from CN you are agreeing to receive recurring autodialed marketing messages at the mobile number that’s been provided at opt-in. Consent is not a condition of purchase. Message & data rates may apply. If you would like to be removed from the CN text list you must reply STOP to opt-out. This is the exclusive method for opting out. After texting STOP you will receive one additional message confirming that your request has been processed. Text HELP for help or contact support by emailing contact@coconutnick.com. To see how CN collects and uses your personal information, review this Privacy Policy/ Terms Of Service and SMS Program Terms and Conditions. This document additionally governs your participation in the SMS Program.
In the event that you change or deactivate your mobile number it is your responsibility to notify CN by emailing contact@coconutnick.com to have your number removed. Additionally, CN reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under this program.

2. Message Frequency: The SMS Program is a subscription-based program and SMS Program participants will receive recurring messages.

3. Authorized Participation: By enrolling in the SMS Program, you certify that you are 18 years of age or older, and are authorized: (a) to enroll the designated mobile phone number in the SMS Program, and (b) to incur any mobile message or data charges that may be incurred by participating in the SMS Program. Your consent to receive SMS and/or MMS messages is not a condition of purchase of any products or services, and no purchase is necessary.

4. Cost to Participate: Participation in the SMS Program is free; however, Message and Data rates may apply. Check your mobile plan for details. CN is not responsible for any messaging or data charges incurred by SMS Program participation. You are responsible for obtaining and maintaining all mobile devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the SMS Program, and you will be responsible for all charges related to them.

5. Arbitration and Class Action Waiver: Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of CN will be resolved by binding arbitration, rather than court.This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and CN hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND CN AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. You and CN are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration. The AAA’s Rules regarding costs and payment apply. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation. 6. Limitation of Liability: We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

7. Applicable Law: Except as otherwise provided herein, your use of this Service under this Agreement is governed by the laws of the State of Florida.

8. Severability: If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

9. Changes to Terms: These terms and conditions are subject to change at any time without notice.

10. Additional Terms and Conditions: In addition to these terms and conditions, your use of the SMS Program is subject to CN’s Privacy Policy and Terms of Use, included herein.

11. Carriers: We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***
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Ownership of Content, Copyrights and Trademarks
The following are the property of CN and/or its licensors and are protected by applicable United States and international copyright and other intellectual property laws: all content on this Site, including, but not limited to, all photos, images, videos, text, data and data compilations, graphics, works of authorship, software, design, logos, and button icons (collectively, “Site Content”); any improvements or modifications to such Site Content; any derivative works based on any of the foregoing; and the collection, arrangement, and assembly of all such Site Content.
The mark “CN,” and other marks that may be displayed on the Site, are the proprietary service marks or trademarks of Coconut Nick or other third parties. CN’s marks may not be used in connection with any product or service that is not CNs, in any manner that is likely to cause confusion among consumers, or to disparage or discredit CN. All trademarks and service marks not owned by CN that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CN. You may not use, copy, modify, or display any of the trademarks, service marks, trade names, company names, or logos appearing on the Site without the express written permission of the respective owner thereof.
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Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret, trade name, company name, or other proprietary right of CN or any other individual or entity.
You acknowledge that any data, records, code, and files relating to CN’s content management technology platform are trade secrets of CN and shall only be accessed and used in accordance with your Customer Agreement, Provider Agreement, or other terms as expressly agreed upon in writing by you and CN. To the extent you access or view the Platform or any parts thereof, you agree to keep the Platform confidential.

Registration
To obtain access to certain CN services through a Customer Portal or Provider Portal, you must be registered with CN. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter a Portal under the name of, another person or entity. If CN has reasonable grounds to suspect that information you provide as part of your registration is untrue, inaccurate, not current, or incomplete, CN has the right to suspend or terminate your access or account and refuse any and all current or future use of our services. You are responsible for all activities that occur under your account, and you agree to hold CN harmless for any costs incurred in connection therewith.  
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Permitted Use and Restrictions
The Site includes various types of Site Content. You may download, view, copy, and print information, materials, and any other aspect of this Site (i) solely for your personal, informational purposes; (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered; and (iii) and so long as you do not store any significant portion of, or distribute copies of, materials found on this Site, in any form (including electronic means), without prior written permission from CN. You agree you will not, in any way, modify, move, add to, delete, manipulate, or otherwise tamper with the Site Content, nor will you decompile, reverse engineer, disassemble, or unlawfully use the Site Content or portions thereof, nor will you assist any person or entity in any way in these activities.
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You agree you will not interfere, in any way, with others’ use of or access to the Site or CN services and will not attempt to gain unauthorized access to the computer system of CN or any other Site user, including any use or attempted use by you of another person’s password and account information. In addition, you agree not to provide to CN any false information, or to otherwise take any other action in connection with your use of the Site which violates any treaty, law, or regulation and to fully comply with all applicable treaties, laws, rules, and regulations in your use of the Site.
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You agree that you will not use any robot, spider, or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy, or use the Site, or any portion thereof. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.
Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way the Site or any portion thereof or any information or content on the Site, without the prior written permission of CN or its licensors.

Unauthorized Use of the Site
CN reserves the right to deny access to the Site, or any service or feature provided via the Site, to anyone who violates these Terms of Use or any other applicable terms and conditions of use of the Site or portions thereof or who, in our judgment, interferes with the ability of others to enjoy the Site or infringes the rights of others.

Links to Third-Party Sites
The Site may include links to the websites of third parties. CN is not responsible for the content of any links, products, services, or other materials relating to any linked site, or any link contained in a linked site. CN does not control these third-party websites and is not responsible for the content, products, or services available through these sites. The existence of links from the Site to these sites should not be construed as an endorsement of any of the content, products, or services appearing on such sites or as implying an association between CN and the operators of these sites.
By using these third-party websites, you may be agreeing to their terms or visitor agreements. You release the CN Parties (defined below) from any damages that you may incur, and you agree not to assert any claims against the CN Parties, arising from your use of these third-party sites or from your purchase or use of any third-party-provided product or service.

Privacy
The terms of CN’s General Website Privacy Statement are hereby incorporated as part of these Terms of Use. The Customer Portals and Provider Portals include additional or different terms and policies relating to the use of personal information collected through such Portals (collectively, “Supplemental Privacy Policies”).

User Content
Certain features or areas of the Site may allow you to upload certain information or content to the Site (collectively, “User Content”). You acknowledge that you are responsible for the User Content you submit through the Site, and that you, and not CN, will bear full responsibility for each item of User Content, including its legality, reliability, appropriateness, originality, and copyright. Except where otherwise provided in the applicable Customer Agreement or Provider Agreement, all such User Content shall be considered non-confidential.
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You retain all rights, title and interest in and to any and all User Content that you provide via the Site. Nonetheless, except as otherwise expressly provided by the applicable Customer Agreement or Provider Agreement, and subject to the terms of CN’s General Website Privacy Statement and/or the Supplemental Privacy Policies, you agree that by submitting any User Content to CN on or through the Site, you hereby grant to CN a non-exclusive, perpetual, irrevocable, worldwide, unrestricted, sublicenseable, royalty-free right and license to reproduce, modify, adapt, publish, translate, create derivative works based on, distribute, perform, display, and/or otherwise use any such User Content in our sole discretion, including incorporating any such User Content in other works in any form, media, or technology now known or hereafter developed.

You agree not to upload or transmit to or via the Site any User Content which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, trade names, company names, or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, trojan horse, or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law, rule, or regulation.
CN does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties that may be displayed on or transmitted via the Site. Any information or material placed on the Site by third parties are the views and responsibility of those who post the statements and do not necessarily represent the views of CN.

Disclaimer of Warranties and Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, CONTENT, SERVICES, AND/OR MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES, AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CN DOES NOT MAKE ANY, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE, OR ANY INFORMATION, CONTENT, SERVICES, OR MATERIALS ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CN DOES NOT REPRESENT OR WARRANT THAT (I) ANY OF THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT (AND CN IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE), (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, OR (III) ANY ERRORS IN THIS SITE WILL BE CORRECTED. FURTHER, CN DOES NOT MAKE ANY WARRANTIES REGARDING THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE OF THIS SITE, THE INTERNET, COMPUTER HARDWARE OR SOFTWARE, OR ANY INTERNET ACCESS PROVIDER, TO SEND OR RECEIVE ANY ELECTRONIC TRANSMISSION. MOREOVER, WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THE SECURITY OF OUR SYSTEMS, CN MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL CN OR ITS PROVIDERS, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES OF CN OR ITS AFFILIATES (COLLECTIVELY, THE “CN PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, OR ANY INFORMATION, CONTENT, SERVICES OR MATERIALS AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU. NOTHING IN THIS “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY” IS INTENDED TO SUPERSEDE THE TERMS OF ANY APPLICABLE CUSTOMER AGREEMENT OR PROVIDER AGREEMENT.

Indemnification
You agree to indemnify and hold the CN Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees, disbursements, and court costs) incurred by any of the CN Parties arising from or in connection with (i) your violation of these Terms of Use; (ii) any User Content that you submit, upload, transmit, or otherwise provide to CN; and/or (iii) your violation of any rights of any third party.

Modification or Discontinuance of the Site by the Company
At any time, without notice to you, and for any or no reason, CN may modify or discontinue the Site or any other services provided therein. CN shall in no way be held liable for any consequence which results from CN’s decision to modify or discontinue providing the Site or any other services provided therein.  

Governing Law
The laws of the State of Florida will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the Terms of Use shall be brought in state or federal court in Miami, Florida, and you consent to the jurisdiction of such courts.

Miscellaneous
You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. CN’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless CN agrees to such waiver in writing.If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use, and other terms and conditions within the Site, set forth the entire understanding between you and CN with respect to the use of the Site and supersede any prior or contemporaneous communications, representations, or agreements (besides Customer Agreements or Provider Agreements), whether oral or written, between you and CN with respect to such subject matter.

Contact
If you have any questions relating to these Terms of Use, the Site, or CN, please contact: contact@coconutnick.com
Notice and Procedure for Making Claims of Intellectual Property Infringement
CN respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide CN the written information specified below. Please note that this procedure is exclusively for notifying CN that your intellectual property rights have been infringed.  
An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;A description of the intellectual property right that you claim has been infringed;A description of where the material that you claim is infringing is located on the Site;Your address, telephone number, and e-mail address;A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; andA statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

CN’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:E-mail: contact@coconutnick.com

Effective Date of these Terms of Use: March 17th, 2021