These Terms (“Terms”) are a binding agreement between Nurch, LLC., a Texas limited liability company (“Nurch”) and (ii) the natural persons or entity (“you”) accessing and using publicly accessible portions of the www.nurch.io website (the “Site”) as well as those registering for Nurch services (“Services”).
1. Acceptance and Modification of Terms
1.1 By accessing the Site or registering for the Services, you agree to be bound by these Terms.
1.2. Nurch reserves the right to modify these Terms after providing notice to registrants for our services. Modifications are effective upon posting to the Site. Your continued use of the Site or Services constitute your acceptance of the Terms as modified.
2. Purpose
The Site is provided for informational purposes only. The Services are intended for use by commercial clients and not for personal, family or household use.
3. Term of Cancellation
3.1. If you are browsing the Site, these Terms, as modified from time to time, are effective upon your first visit and continue for subsequent visits.
3.2 If you are registering for Services, these Terms, as modified from time to time, are effective for your registration’s duration.
3.3 We reserve the right to terminate your access to the Site or Services at any time in our sole discretion.
4. 1st Page Rank Guarantee Policy
Nurch guarantees that local businesses with whom Nurch deals direct, and who meet the criteria below, may request a full refund of their set-up and subscription fee if their business is not listed in first page results on Google, Bing, Siri or Alexa for at least one of the approved search terms within 60 days of signing up for the Nurch Standard Plan (Local Plan) or Nurch 60 Day Launch Plan. This guarantee is valid for new clients not in violation of Google business profile, local service ads, or other Google policies, and who attended a 45-minute onboarding call within a week of signing with Nurch, and who complete the entire 60 day plan. Any refund request must be made before within 7 days of the end of the 60 day plan. This guarantee does not cover SMS charges exceeding Nurch’s complimentary credits: the client will remain responsible for such charges. This guarantee is invalid for businesses such as marketing agencies, SEO providers, and others who include Nurch components and services in servicing their own clients.
If you qualify for a refund under these terms, please use this link Refund Request for approval. Please allow 7-10 business days for your refund to be credited to your original payment source once your refund has been approved.
5. License Grant
Subject to your compliance with these Terms, Nurch grants you a personal, non-exclusive, non-transferable, revocable, limited right and license to access and use the Site and Services for the term in Section 3 above.
6. Ownership and Intellectual Property Rights
6.1. Nurch owns the Site and is owner or licensee of all data and content, the Services, and all software, systems, technology, and know-how (“Nurch Technology”), including the design, structure, and arrangement of the Site and Services. All are protected by Nurch-owned or licensed copyright, trademark, trade dress, patent, or other intellectual property rights and proprietary rights (the “Marks”).
6.2. You agree that Nurch and its licensors own and retain all rights, including all intellectual property rights, in the Marks and Nurch Technology and that no interest is transferred to you, other than as expressly provided in this document.
6.3. You agree that you may not, and may not allow a third party to copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to Nurch Intellectual Property. We reserve all rights not granted to you by these Terms.
7. Payment
7.1. Payment for the Services is based on the term and payment period you elect based on our subscription packages.
7.2. Fees indicated on the Site are net prices and may be subject to applicable tax.
7.3. Fee for the Services is due at the beginning of the agreed contract period stated on an invoice we will provide.
7.4. Nurch will send its first invoice by email to the email address you provided during registration. Subsequent invoices are stored and may be retrieved from your account upon request at support@nurch.io.
7.5. You agree to pay for the Services in the amounts and using the method and frequency of payment you select during registration for the Service.
7.6. Payment for Services is due in advance at the beginning of each Service period.
7.7. If we cannot process your payment, we may terminate your access to the Services. We reserve the right to transfer outstanding receivables to an external debt collector.
7.8. You authorize us and our agents to debit or credit the method of payment for our fees and third-party fees, including but not limited to Google Ads.
8. Purchase of Google Ads
8.1. Your account within the Services may allow you to place and pay for Google Ads.
8.2. To pay for Google Ads, you have a separately managed prepaid credit with an automatic top-up in a set monthly budget. Before purchasing Google Ads through the Services, please review your personal profile, which specifies a minimum required monthly budget, with which you agree to comply.
8.3. Nurch may charge, and you agree to pay, an administration fee on the Google Ads budget. It will be displayed to you in advance at the time of booking.
8.4. If a Google Ads credit remains on your profile when the Services are cancelled, you may request reimbursement from Nurch by request to our email support@nurch.io, but only within 90 calendar days of the cancellation.
9. Your Obligations
9.1. You must maintain accurate account information on the Site, including, without limitation, address, telephone number, e-mail address, and updated payment card information.
9.2. You must ensure your login credentials remain confidential, and immediately notify Nurch upon discovery that an unauthorized party has accessed them.
9.3. You are solely responsible for all activity under your account or log-in, and all payments authorized through your account or log-in.
9.4. You must ensure you are accessing the Site and Services using the latest version of the browsers Mozilla Firefox, Google Chrome, Apple Safari, or Microsoft Edge. The Site be accessible by older versions, and by other browsers.
10. Restrictions on Use
10.1. You shall not, and shall directly or indirectly allow no third party, to:
10.2. We reserve the right to prohibit access, use, conduct, communication, or content we, in our sole discretion, deem harmful to the Site, Services, users, us, our brand, or any other person or entity, or that violates these Terms or law.
10.3. Unauthorized use of the Site or Services automatically terminates your license.
11. Submissions
11.1. You are solely responsible for any information, content, or material you transmit to or through the Site or otherwise to us (“Submission”). Nurch takes no responsibility and assumes no liability for any Submission. Except for personal information we may collect from you under the guidelines established in our Privacy Policy, Submissions are considered non-confidential and non-proprietary.
11.2. You grant Nurch an unrestricted, irrevocable, perpetual, transferable, sub licensable, worldwide, royalty-free license to use, copy, remove from the Site, reproduce, display, publish, transmit, and distribute any Submission, without compensation or accounting to you or any other third party. You represent and warrant that: (a) you may submit the Submission to Nurch and grant the licenses; (b) Nurch will not need to obtain licenses from or pay royalties to any third party for use of the Submission; (c) the Submission infringes no third party rights, including intellectual property and privacy rights; and (d) the Submission complies with these Terms and all laws and regulations.
12. Privacy Policy
You agree to review the website Privacy Policy posted on this Site, which can be accessed here: https://www.nurch.io/legal/privacy-policy
13. Representations and Warranties
13.1. You represent and warrant to Nurch that any information, materials, software, or data you submit to or through the System is and will be (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for their intended purpose; and (b) free of viruses and other disabling devices and destructive routines.
13.2. You represent and warrant to us you will comply with all legal requirements applicable to your use of the Site and Services.
14. Disclaimer of Warranties
14.1. The Site and Services are provided “as is” and “as available,” with no warranties of any kind, express or implied.
14.2. By way of explanation but not limitation, Nurch disclaims all implied warranties with respect to the Site and Services, except as prohibited by law, including implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, title, non-infringement, and quiet enjoyment, and any warranties arising from any course of dealing, course of performance or trade usage. Nurch shall not be held responsible for (a) errors or inaccuracies, or service interruptions, including power outages or system failures, or (b) unauthorized access to, use or alteration of, or deletion, destruction, damage, or loss of, any data, images, text or other information or content.
14.3. Nurch may discontinue any aspect of the Site or its features, functions, scope, or operation at any time. Nurch makes no guarantee the online services will be accurate, current, complete, meet your requirements, or will be uninterrupted or free of viruses or other harmful components, or that defects will be corrected.
15. Limitation of Liability
15.1. In no event shall Nurch, its affiliates, and its licensors, and their respective officers, directors, employees, agents, successors and assigns be liable to you or to any third party for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages arising from or in connection with the Site or Services or these Terms, however caused, regardless of the theory of liability, even if Nurch has been advised of the possibility of such damages.
15.2. In no event shall Nurch’s total liability to you for all losses, damages, liabilities, costs or expense (including attorneys’ fees and costs) arising from the Site or Services or these Terms, exceed US$100.
15.3. The limitations, exclusions, and disclaimers in these Terms apply to the maximum extent permitted by law.
16. Indemnification
You agree to defend, indemnify, and hold harmless Nurch, its affiliates, and its licensors, and each of their respective officers, directors, employees, agents, successors, and assigns against all claims, causes of action, damages, losses, liabilities, costs and expenses (including, without limitation, attorneys’ fees and costs) arising from your breach of these Terms or violation of law.
17. Electronic Communications
We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you in those ways satisfy any legal requirement that such communications be in writing and are deemed given and received on the date we transmit any such electronic communication.
18. Governing Law/Jurisdiction
The Terms shall be governed by and construed and enforced under the laws of the State of Texas without regard to conflict of law principles. You and Nurch agree to use best efforts to settle, informally, any disputes arising under this Agreement. If a situation requires injunctive relief, each of us shall have recourse to the courts for such relief. Otherwise, both agree to submit the dispute for mediation by a mutually agreed mediator. If mediation fails, both agree to submit the dispute for arbitration before a single mutually agreed arbitrator, under American Arbitration Association rules. Each agrees to bear its own legal costs of mediation and arbitration, and half the cost of the mediator and arbitrator.
19. General provisions
19.1. If a court determines any provision of these Terms is unenforceable, it shall be enforced to the maximum extent permissible to accomplish its intended effect, and the rest of these Terms shall continue in force.
19.2 Nurch’s failure to act regarding a breach of these Terms does not waive our right to act regarding that breach or subsequent or similar breaches. No Nurch consent or waiver is effective unless in writing signed by our authorized representative.
19.3. Nurch shall not be liable for any delays or failure in performance of any part of the Site or Services for any cause beyond Nurch’s reasonable control.
19.4. These Terms, along with the ordering documents on the Site, constitute the entire agreement between Nurch and you regarding your use of the Site and the Services and supersede all previous written or oral agreements relating to the subject. Modification of these Terms must be in writing signed by both parties.
20. Contact
If you have any questions or concerns about the Site or Services please contact us at support@nurch.io
