Terms and conditions

BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 05/14/2023. ACCEPTANCE OF TERMS

NodeDa.com, cookbook.nodeda.com, labs.nodeda.com, ShutterDa.com, the ShutterDa app, nrova.com, the nrova app; and all related services, collectively referred to as “NodeDa Services,” including but not limited to NodeDa Cloud, Cookbook by NodeDa, NodeDa Accounts, and any other current or future NodeDa or ShutterDa products or services, are covered under this Terms of Service Agreement (“TOS”). Any violation of these terms on any of these properties is subject to this TOS.

NodeDa Accounts is the account system that provides access to various NodeDa Services. You agree to provide accurate information during registration and to keep your account information up to date. You are responsible for all activity that occurs under your account.

Any visitor to the NodeDa Services, whether registered or not, is considered a “user.” Once an individual registers and creates an account, they are considered a “member.”

All Services provided through our websites, applications, mobile applications, and third-party platforms are the sole property of NodeDa. NodeDa may, at its discretion, add, modify, update, or discontinue any Services or content at any time. This Agreement applies to all current and future Services unless otherwise stated. Continued use of the Services after any changes constitutes acceptance of those changes.

The Services are provided “AS IS,” and NodeDa is not responsible for the timeliness, delivery, deletion, or failure to store any user content, communications, or personalization settings.

Service Descriptions: - Cookbook by NodeDa: A cookbook application designed to manage recipes. - Nrova: Productivity tools and project management software. - ShutterDa: A Professional Social network for Photographers, and Graphic Artists. - NodeDa Cloud: A storage solution designed to sync data across NodeDa applications.

Continued use of the Services signifies your acceptance of these Terms of Service.

To register and become a "member" of the Sites, you must meet the following eligibility criteria:

Age Requirement: You must be at least 18 years of age to enter into and form a legally binding contract. If you are not of legal age, you may only use our Services under the supervision and with the consent of a parent or legal guardian.

Good Standing: You must be in good standing and not have been previously barred from receiving NodeDa's Services under the laws and statutes of the United States or any other applicable jurisdiction.

When you register with NodeDa, we may collect certain information, including but not limited to your name, email address, birth date, gender, mailing address, occupation, industry, and personal interests.

You have the option to edit your account information at any time. Once you register with NodeDa and sign in to our Services, you are no longer anonymous to us.

Furthermore, by registering, you acknowledge, understand, and agree to: - Provide accurate, truthful, current, and complete information about yourself as may be required during the registration process. - Maintain and promptly update your registration and profile information to ensure accuracy and completeness at all times.

If anyone knowingly provides false, untrue, inaccurate, or incomplete information, NodeDa reserves the right to suspend or terminate the member in violation of this aspect of the Agreement, and may refuse any and all current or future use of NodeDa Services, or any portion thereof.

NodeDa places a high priority on the safety and privacy of all visitors, users, and members, particularly that of children. Therefore, parents or legal guardians who permit their child or children under the age of 13 to access the NodeDa website platform Services must create a "family" account. By creating a "family" account, the individual certifies that they are at least 18 years of age and are the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account, they grant permission for their child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for their child.

Every member's registration data and various other personal information are strictly protected by the NodeDa Online Privacy Policy (see the full Privacy Policy at silviaequity.com/privacy and nodeda.com/privacy). As a member, you hereby consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing, or use by NodeDa and/or our subsidiaries and affiliates.

When you set up an account, you are the sole authorized user of your account. You are responsible for maintaining the confidentiality and security of your username and password. All activities that occur on or within your account are your responsibility. If any user(s) access your account information and engage in activities that would be considered a violation of the TOS if undertaken by you, it is your responsibility to address such actions promptly.

You must notify NodeDa immediately if you become aware of any unauthorized access or use of your account or password or any other breach of security. NodeDa shall not be held liable for any loss or damage arising from your failure to comply with this term and condition of the TOS. Your account security is essential for maintaining the integrity of your interactions with our Services.

As a user or member of the NodeDa Services, you acknowledge and agree that all information, text, software, data, photographs, music, video, messages, tags, or other content, whether publicly or privately posted or transmitted, is the sole responsibility of the person who originated the content. This means that you are solely responsible for any content you post, upload, email, transmit, or otherwise make available through the NodeDa Services. NodeDa does not guarantee the accuracy, integrity, or quality of such content, and by using the Services, you may be exposed to content that is inaccurate, offensive, or otherwise objectionable. NodeDa shall not be liable for any loss or damage resulting from reliance on any content made available through the Services.

You agree not to use the Services to: - Post, upload, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable. - Harm or exploit minors in any way. - Impersonate any person or entity, or misrepresent your affiliation with any person or entity. - Post or transmit content that you do not have the legal right to share. - Infringe upon any patent, copyright, trademark, or other intellectual property rights. - Send unsolicited or unauthorized advertising, spam, or other forms of solicitation. - Upload or transmit viruses, malware, or any code designed to disrupt or damage systems or networks. - Interfere with or disrupt the Services, servers, or networks connected to the Services. - Violate any applicable local, state, national, or international laws or regulations. - Harass, stalk, or otherwise harm another user. - Collect or store personal information about other users without authorization.

NodeDa reserves the right, but is not obligated, to review, remove, or refuse any content that violates these Terms or is otherwise deemed inappropriate.

NodeDa may access, preserve, or disclose account information or content if required to do so by law, or if such action is reasonably necessary to: - Comply with legal obligations or processes. - Enforce these Terms. - Respond to claims of rights violations. - Provide customer support. - Protect the rights, property, or safety of NodeDa, its users, or the public.

NodeDa may use security technologies to protect digital content and enforce usage rules. You agree not to bypass, disable, or interfere with these protections. Unauthorized reproduction, distribution, or use of any materials from the Services is strictly prohibited.

NodeDa is committed to providing a safe, respectful, and inclusive environment for all users. We maintain a zero-tolerance policy toward harassment, discrimination, or abusive conduct of any kind. Any behavior that targets, intimidates, threatens, humiliates, or demeans another user is strictly prohibited.

Harassment includes, but is not limited to, offensive or abusive language, repeated unwanted contact, threats, stalking, intimidation, or any conduct intended to cause distress or harm. This policy applies to all forms of communication and interaction on the platform, including messages, posts, profiles, usernames, and shared content.

Discrimination or harassment based on protected characteristics is strictly forbidden. This includes, but is not limited to, race, color, national origin, ethnicity, religion, creed, age, disability, medical condition, veteran status, genetic information, sex, gender, gender identity, gender expression, sexual orientation, marital status, or any other characteristic protected by applicable law.

Users must treat one another with respect at all times. Content or behavior that promotes hate, violence, or exclusion toward individuals or groups based on any protected or personal characteristic will not be tolerated.

NodeDa reserves the right, at its sole discretion, to investigate and take appropriate action against any user who violates this policy. This may include content removal, account suspension, account termination, and, where appropriate, reporting the behavior to law enforcement or relevant authorities.

If you experience or witness harassment, you are encouraged to report it through the NodeDa support channels at nodeda.com/contact/support or by emailing support@nodeda.com. All reports will be reviewed and handled in accordance with our policies.

By using NodeDa, you agree to follow this policy and to contribute to a respectful and harassment-free community.

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries.

Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you: - Are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; - Agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country; - Agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and - Agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

NodeDa shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for NodeDa the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

The content submitted or made available for inclusion on the publicly accessible areas of NodeDa's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of NodeDa's sites, and shall terminate at such time when you elect to discontinue your membership.

Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of NodeDa's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of NodeDa's sites and shall terminate at such time when you elect to discontinue your membership.

For any other content submitted or made available for inclusion on the publicly accessible areas of NodeDa's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed "publicly accessible" areas of NodeDa's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members.

NodeDa is committed to protecting the privacy and security of user and customer data. We strive to ensure that personal data is not used without appropriate user permission, and we continuously work to improve and expand our privacy and security capabilities.

We collect and use data only as necessary to provide, maintain, improve, and secure our services. This may include information you provide directly, information generated through your use of the platform, and technical data required for system performance and reliability.

In some cases, NodeDa may use aggregated, anonymized, or user-provided data to improve our services, develop new features, or train artificial intelligence and machine learning models. Any such use will be conducted in accordance with applicable privacy laws and our internal data protection standards.

You retain ownership of the content and data you provide to NodeDa. Where your data may be used for purposes such as service improvement, analytics, or AI model training, you will have the opportunity to opt out where such options are made available.

Users may request access to, correction of, or deletion of their personal data at any time, subject to applicable legal and operational requirements. Upon a verified request, NodeDa will take reasonable steps to delete or anonymize your data in accordance with our data retention policies and applicable law.

NodeDa implements reasonable administrative, technical, and physical safeguards to protect user data from unauthorized access, disclosure, alteration, or destruction. We are committed to maintaining and improving these safeguards as technology and best practices evolve.

By using NodeDa’s services, you acknowledge and agree to the collection and use of data as described in this policy. If you have questions about how your data is used or wish to exercise your privacy rights, you may contact support at nodeda.com/contact/support or support@nodeda.com.

NodeDa strictly prohibits the unauthorized collection, use, or extraction of any customer, user, or proprietary data from our services, website, applications, or network infrastructure. This includes, but is not limited to, scraping, crawling, data mining, automated harvesting, reverse engineering, or any similar technique intended to obtain data without express permission.

No individual, organization, or automated system may access, collect, copy, store, process, or use any data from NodeDa’s platforms without prior written authorization from NodeDa. This prohibition applies to all forms of data, including platform content, user information, customer records, system data, analytics, and any other proprietary or confidential information.

The use of any NodeDa data for artificial intelligence, machine learning, large language models, automated decision systems, or similar technologies is strictly prohibited unless explicit written approval has been granted by NodeDa. In addition, any party seeking to use data associated with a specific customer or user must obtain clear, informed, and verifiable consent from that individual customer or user. Approval from one customer or user does not grant permission to access, use, or process the data of any other customer, user, or the NodeDa platform itself.

No party may collect, process, or use individual customer or user data obtained through NodeDa’s services without the direct permission of that specific individual and without compliance with all applicable laws and NodeDa policies.

Any attempt to access or use NodeDa’s systems, software, or data in an unauthorized manner may be considered a violation of these Terms of Service and may constitute unauthorized use of our network, systems, or proprietary technology.

NodeDa reserves the right to investigate suspected violations of this policy and to take appropriate action at its sole discretion. This may include suspension or termination of access, technical countermeasures, and legal action where appropriate. Entities or individuals found to be in violation of this policy may be subject to penalties, claims for damages, or other legal remedies as permitted by applicable law.

By accessing or using NodeDa’s services, you agree not to engage in any unauthorized data collection, scraping, or use of NodeDa’s systems or user data, including for artificial intelligence or machine learning purposes, and you acknowledge that such actions may result in enforcement measures.

NodeDa provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our Sites, you acknowledge and agree that: - Your contributions do not contain any type of confidential or proprietary information; - NodeDa shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions; - NodeDa shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit; - The contributor's Contributions shall automatically become the sole property of NodeDa; and - NodeDa is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

All users and/or members herein agree to insure and hold NodeDa, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Sites may submit, post, modify, transmit or otherwise make available through our Services, the use of NodeDa Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to NodeDa's sites. This prohibition includes, but is not limited to, all content, services, digital products, tools, and features provided on the platform.

NodeDa reserves the right, at its sole discretion, to discontinue or suspend any promotions, services, complementary access, or any access to its sites at any time. Such actions may be taken if NodeDa determines that a user has violated the terms of this agreement, has misused the services, or for any other reason that NodeDa deems appropriate to ensure the integrity and intended use of its platform. This includes the right to limit or terminate access to any user who, in NodeDa’s judgment, has engaged in prohibited activities, including the unauthorized commercial use of the services, or has otherwise failed to comply with any part of this agreement.

In the event of such discontinuation or suspension, NodeDa will provide notice to the affected user, unless giving such notice would: (i) Violate applicable law or legal process; (ii) Compromise anti-fraud or investigation efforts; or (iii) Endanger any party's safety or security.

NodeDa's decision to discontinue or suspend services is final and shall not be subject to review or appeal.

By using NodeDa’s services, users acknowledge and agree to these terms, and understand that any violation may result in termination of access to NodeDa's services as described above.

You herein acknowledge that NodeDa may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by NodeDa, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on NodeDa's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that NodeDa has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, NodeDa shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

NodeDa reserves the right, at its sole discretion, to modify, alter, limit, suspend, or discontinue any aspect of its services, whether temporarily or permanently, with or without prior notice. This includes, but is not limited to, changes in service features, storage capacity, or transitioning free features to a paid model.

NodeDa Cloud may offer certain services free of charge; however, we reserve the right to modify, limit, or introduce fees for any free services, including but not limited to the ability to save, sync, or store recipes in the NodeDa Cloud. In the event of such changes, we will provide reasonable advance notice through our platform or via email. Continued use of the affected services after such changes take effect constitutes acceptance of the new terms. If you do not agree with the changes, you may discontinue use of the service and download or export your stored data before any paywall is enforced.

To the fullest extent permitted by law, NodeDa shall not be liable to you or any third party for any modification, suspension, limitation, or discontinuation of our services or any part thereof, including any potential loss of data, content, or access to features.

As a member of www.silviaequity.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to contact@silviastudios.com.

As a member, you agree that NodeDa may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: - Any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline; - By way of requests from law enforcement or any other governmental agencies; - The discontinuance, alteration and/or material modification to our Services, or any part thereof; - Unexpected technical or security issues and/or problems; - Any extended periods of inactivity; - Any engagement by you in any fraudulent or illegal activities; and/or - The nonpayment of any associated fees that may be owed by you in connection with your www.silviaequity.com account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with www.silviaequity.com shall include any and/or all of the following: - The removal of any access to all or part of the Services offered within www.silviaequity.com; - The deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and - The barring of any further use of all or part of our Services.

You do hereby acknowledge and agree that NodeDa's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by NodeDa or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on NodeDa Services (e.g. Content or Software), in whole or part.

NodeDa herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by NodeDa for use in accessing our Services.

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that NodeDa shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

Sites and Services: Recipedo, Recipedo Plus, NodeDa.com, and SilviaStudios.com are all properties covered under our Terms of Service Agreement ("TOS"). Any violation of these terms through these properties is also subject to our TOS agreement.

Recipedo is a software application ("app") available on Apple's App Store. When using this app, you are subject to Apple's Terms and Agreements.

Links: Either NodeDa or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that NodeDa shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

THE USE OF NodeDa SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NodeDa AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

NodeDa AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NodeDa SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NodeDa SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NodeDa SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF NodeDa SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NodeDa OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NodeDa AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: - THE USE OR INABILITY TO USE OUR SERVICE; - THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; - UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; - STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; AND - ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

RELEASE: In the event you have a dispute, you agree to release NodeDa (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. NodeDa's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. NodeDa and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.

NodeDa may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

You herein acknowledge, understand and agree that all of the NodeDa trademarks, copyright, trade name, service marks, and other NodeDa logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of NodeDa. You herein agree not to display and/or use in any manner the NodeDa logo or marks without obtaining NodeDa's prior written consent.

NodeDa will always respect the intellectual property of others, and we ask that all users do the same. In appropriate circumstances and at its sole discretion, NodeDa may disable or terminate the accounts of any user who violates our Terms of Service or infringes the rights of others.

If you believe that your work has been duplicated in a manner that constitutes copyright infringement, or that your intellectual property rights have otherwise been violated, you should provide us with the following information: - The electronic or physical signature of an individual authorized to act on behalf of the owner of the copyright or other intellectual property interest; - A description of the copyrighted work or other intellectual property that you believe has been infringed; - A description of the location on the site where you believe the infringing material is located; - Your physical address, telephone number, and email address; - A statement that the disputed use of your work is not authorized by the copyright owner, its agent, or the law; - And a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner, or an authorized representative or agent.

The NodeDa agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Support URL: nodeda.com/contact/support Email: support@nodeda.com

NodeDa complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit www.nodeda.com.

This Terms of Service constitutes the entire agreement between you and NodeDa and governs the use of our Services, superseding any prior version of this Terms of Service between you and NodeDa with respect to the Services. You may also be subject to additional terms and conditions that apply when you use or purchase certain other NodeDa services, affiliate services, third party content, or third party software.

You and NodeDa agree that the relationship between the parties shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. Any claims, causes of action, or disputes arising out of or relating to the Terms of Service or the relationship between you and NodeDa shall be filed in the courts having jurisdiction within Robeson County, North Carolina, or in the United States District Court located in that state. You and NodeDa agree to submit to the jurisdiction of these courts and waive any objections to the exercise of jurisdiction or venue in such courts.

If NodeDa fails to exercise or enforce any right or provision of the Terms of Service, such failure shall not constitute a waiver of that right or provision. If any provision of this Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions shall remain in full force and effect.

You acknowledge, understand, and agree that your account is nontransferable and that any rights to your account ID or the contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents permanently deleted.

You acknowledge, understand, and agree that, regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Terms of Service must be filed within one year after the claim or cause of action arose, or it will be permanently barred.

Please report any and all violations of this TOS to NodeDa as follows:

NodeDa Legal

legal@nodeda.com