Welcome to Nanaya.com. Your access to or use of Nanaya.com website and/or any sub domains thereof, including the entire website (the "Website"), its Content and Services (as defined below), constitutes your acceptance and agreement to be bound by the following terms and conditions. Please read this document carefully. If you have any questions regarding the Terms of Use, please contact us.

1. Definitions

Nanaya, "we", "us", "our": Nanaya, LLC.
User, "you", "yours": anyone who accesses the Website and/or uses the Content and/or Services (as defined below)
Products: all and any products provided by Nanaya on the Website, including, Nanaya surveys, LoveLight, Romance, and others.
Content: all and any content contained on or generated by the Website, including, without limitation, Products, questionnaires, reports, text, graphics, and software.
Services: all and any services provided by Nanaya from the Website, including, but not limited to, your access to the Content or portions thereof, your account and other features.

2. Prohibited Use

You may not use the Website, its Content and/or Services for any illegal purpose or in any way prohibited by with these Terms of Use. Your use of the Website, its Content and/or Services is subject to all applicable international, federal, provincial, state and local laws and regulations. You may not use the Website, its Content and/or Services in any manner which could damage, disable, overburden, or impair the Website, its Content and/or Services or interfere with any other party's use and enjoyment of Website, its Content and/or Services.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Website.

3. Liability Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, CONTENT AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NANAYA AND/OR ITS OWNERS, DIRECTORS, PARTNERS, ASSOCIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, CONTENT AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY AND AVAILABILITY.

THE CONTENT, PRODUCTS AND SERVICES, OR ANY INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES, ERRORS, OR BE INCOMPLETE. ADVICE RECEIVED VIA NANAYA WEBSITE, CONTENT AND/OR SERVICES MUST NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE FOR YOUR SITUATION. WEBSITE, CONTENT AND SERVICES ARE INTENDED TO BE USED FOR NON-HEALTH AND NON-LIFE THREATENING SITUATIONS ONLY.

NANAYA MAKES NO WARRANTY THAT THE CONTENT AND/OR SERVICES ARE SUITABLE FOR ANY PARTICULAR PURPOSE INCLUDING PERSONALITY ASSESSMENT, MATCHING, COUNSELLING, PRE-EMPLOYMENT SCREENING, PREDICTING BEHAVIOURS, ABILITIES AND SKILLS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NANAYA AND/OR OWNERS, DIRECTORS, PARTNERS AN SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, CONTENT AND/OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, CONTENT AND/OR SERVICES, WITH PROVISION OR FAILURE TO DELIVER THE WEBSITE, CONTENT AND/OR SERVICES, FOR BREACH OF INFORMATION, INCLUDING, WITHOUT LIMITATION, PERSONAL INFORMATION YOU PROVIDED TO NANAYA, OR SUBMITTED VIA THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NANAYA HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE AND/OR CONTENT AND/OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, CONTENT AND SERVICES. OR TALK TO US, WE’RE (typically) FRIENDLY!

IN NO EVENT WILL TOTAL LIABILITY OF NANAYA UNDER OR RELATED TO THESE TERMS OF USE, THE TERMINATION THEREOF, AND/OR THE PROVISION OF THE WEBSITE AND/OR CONTENT AND/OR SERVICE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE FEES WE ACTUALLY RECEIVED FROM YOU DURING THE ONE (1) YEAR PERIOD PRECEEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY.

4. Restrictions

Nanaya services and products provided free of charge only for personal non-commercial use or educational purposes. Any other use of data generated on or by Nanaya, including any indirect commercial use such as, without limitation, performing marketing or other analytics or providing professional advice, is strictly prohibited unless agreed to in writing by Nanaya. You may submit your permission inquiry to us here.

5. Termination

You may terminate the Terms of Use at any time and effective immediately by discontinuing all use of the Website, Content and Services and deleting your account (once that functionality is active). You are welcome to destroy all materials you obtained from or via the Website, and any copies thereof to fulfill your discontinue of use. We will retain personally identifiable data in case you return or use other Nanaya products in the future.

Sections 1,2,3,6,8,9,10,11,12,13,14 and all other provisions of these Terms of Use which may reasonably be construed as surviving termination hereof, shall survive termination of these Terms of Use for any reason.

6. Access Restriction

Nanaya may terminate or restrict your access to all and any part of the Website, Products and/or Services at any time, in its sole and absolute discretion, and effective immediately. I can’t imagine we’d do this unless law enforcement wants us to with a court order or the world runs out of hard drive space.

7. Third Party Services

Even though we’re not doing it now, Nanaya may refer, advertise, and/or offer for sale, via its Website, Content or Services, certain third party services and/or products ("Third Party Services"), including, without limitation, links to other websites ("Linked Sites"), or advertisement banners presented by third parties (“Ads”) that help us keep providing certain content and services free of charge. Nanaya has no control over the Third Party Services and over visitor’s interaction with them. Terms of use and information practices of these third parties are not covered by our policies. Nanaya is not responsible for the content of any Linked Site or information presented on any third party Ad included on our Website. The inclusion of any link or Ad does not imply endorsement by Nanaya of any the Linked Sites or Ads, or any association with the operators of any of the Linked Sites.

Nanaya makes no warranties or representations whatsoever, express or implied, with regard to any Third Party Services, Linked Sites, and/or Ads.

You will not consider Nanaya, nor will Nanaya be construed, as a party to any transactions relating to Third Party Services, Linked Sites, and/or Ads, whether or not Nanaya may have received some form of revenue or other remuneration in connection with the transaction, nor shall Nanaya be liable for any costs or damages arising out of or relating to, either directly or indirectly, the Third Party Services, Linked Sites, and/or Ads.

8. Modifications of These Terms of Use

Nanaya reserves the right, to make changes to these Terms of Use from time to time, in its sole discretion. The updated Terms of Use are available to the User via the Website. You are advised to check the Terms of Use before using Content and/or Services to determine whether any changes have been made thereto. If you do not agree to any changes in the Terms of Use, please terminate these Terms of Use by immediately by (a) notifying Nanaya at our No Service Agreement email address (nsa-agent@nanaya.co) that you are unwilling to accept the changes to the Terms of Use, and (b) by discontinuing your access to and use of Website, its Content and Services. Your continued access to and/or use of the Website, Content and/or Services constitutes your acceptance of these Terms of Use and any changes thereto.

9. Modifications of Content and Services

Nanaya reserves the right, in its sole discretion, to make changes to or discontinue Content and/or Services, or portions thereof, including, without limitation, list of of Products and Services, with or without notice to you, and without liability to you or any third party.

If there is a change in price of services, it will be reflected on the webpage. All users affected by the price change of any possible subscription services will be notified prior to change.

10. Applicable Law

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in St. Louis, MO, in all disputes arising out of or relating to the use of the Web Site, Content and/or Services. Use of the Website, Content and/or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nanaya as a result of this agreement or use of the Website, Content and/or Services. Nanaya performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Nanaya's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website, Content and/or Services or information provided to or gathered by Nanaya with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Nanaya with respect to the Website, Content and/or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nanaya with respect to the Website, Content and/or Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish that this agreement and all related documents be drawn up in English.

11. Intellectual Property Ownership, Copyright, Reservation of Rights

a) All of the intellectual property rights in the Website and Content belong to Nanaya or its licensors. All Content on Nanaya Websites is intellectual property of Nanaya. The Products, their scoring algorithms, their report generation algorithms, and their software code are valuable intellectually property (trade secrets and confidential information) of Nanaya and/or partners. You have no intellectual property rights in the Content, the Products, the Website and any materials thereon.

b) All Content is protected by law, including without limitation the copyright laws of the United States, Canada, and other countries, and by international treaty provisions. All rights not expressly granted are reserved by Nanaya and its licensors.

c) The unauthorized use of the Content will result in civil and criminal sanctions, including intellectual property proceedings, the pursuit of statutory damages, and all other recourse available to Nanaya.

12. No reverse engineering, modification, website automation or integration

a) You shall not reverse engineer, decompile, disassemble, approximate, or otherwise attempt to discover the source code, the scoring algorithms, or the reports generation algorithm of Nanaya Products, or any of the Content with commercial intent. If you do it strictly academically without commercial intent or application, contact us. As fellow nerds, we’ll be genuinely interested in your work.

b) You shall not modify, adapt, translate, or create derivative works based upon the Website, Content, and any materials provided on or as a part of Website or Content. You shall not alter or remove any copyright or other proprietary notice that appears on the content provided on or as a part of Website, Content and/or Services.

c) You shall not embed, integrate, automate usage of, Products offered on Nanaya website, fully or partially, unless expressly permitted by Nanaya in writing.

13. Trademarks

All brand names, product names and titles used on this site are trademarks or trade names of their respective holders.

No permission is given in respect of the use of any of the above and any brand names, product names and titles used on this site. Any such use may constitute an infringement of the holders' rights by you.

14. Indemnification

You agree to defend, indemnify and hold each of Nanaya, its subsidiaries, affiliates, officers, directors, shareholders and employees, harmless from any and all claims, demands, liabilities, losses, damages and/or expenses, including reasonable attorneys' and expert witness fees, arising out of or relating to the use of the Website, Content and/or Services, and/or violation of these Terms of Use by you and/or any users of your account on the Website, including, without limitation, any breach of the representations and warranties made by you herein, any and all claims arising from the infringement by you, or any other user of your account, of any Proprietary Rights or other rights of any person or entity.

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