Noumenati Online Community

Terms of Use Agreement

Last Modified and Effective: 16 July 2021

Connect 150, LLC (“Connect 150,” “we,” or “us”) is excited that you are interested in our online community opportunities.  Our goal is to provide members of the Noumenati Online Community program  (“Program”) an easy way to share their opinions to shape the products and/or services we develop for freelancers and the future of work. 

This Terms of Use agreement (“TOU” or “Agreement”) sets forth the terms, conditions and guidelines for your participation in our Program and your use of the “Noumenati” online community sites (noumenati.mn.co)(noumenati.com) and the Typeform (typeform.com) and SurveyMonkey (surveymonkey.com) site (collectively, the “Site”). 

NOTICE OF ARBITRATION PROVISIONS: Your participation in the Program is subject to binding individual arbitration of any disputes which may arise, as provided in this TOU.  Please read the arbitration provisions carefully and do not participate in the Program if you are unwilling to arbitrate any disputes you may have with Connect 150 as provided below.

This TOU constitutes a legally binding contract between the member (“you”) and Connect 150, which you must read and confirm you agree, in order to complete the registration process.  Your participation in this Program signifies your acceptance of this TOU and any modified terms included therein.   By participating in this Program, you further agree to Connect 150’s Terms of Service www.noumenati.com/terms-of-service which is incorporated herein.

Connect 150 may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program at any time, including the availability of any Reward, without notice. IF YOU DO NOT AGREE TO THIS TOU, YOU MAY NOT BECOME A MEMBER OF OR PARTICIPATE IN THE PROGRAM OR ACCESS OR OTHERWISE USE THE SITE.

1. Privacy

Connect 150 has a firm commitment to safeguarding your privacy.  Please review Connect 150’s Privacy Policy by clicking on the link at the bottom of this page BEFORE you accept these TOU.  You hereby acknowledge and agree that the terms of our Privacy Policy are incorporated into and are part of these TOU and that by accepting this TOU, you are also accepting the Privacy Policy.

2. Program period

The Program will continue until terminated, suspended, modified, or converted to another membership program by Connect 150 at any time, for any reason, it its sole discretion.

3. Eligibility

To be eligible for the Program, you must be a freelancer or independent professional, at least 18 years of age, and at least the age of majority in your jurisdiction.  This Program is intended for and made available only to permanent residents of the 50 United States and the District of Columbia.  Employees of Connect 150 are not eligible for the Program. The Program is provided to individuals only.  Corporations, associations or other groups may not participate in the Program.  Members must provide true, accurate and complete information, as required by this TOU, and may not use another person’s email address or contact information to participate in this Program and/or to combine or accumulate additional Points (defined below). 

4. Registration

To register for membership in the Program, you must provide all required information in the enrollment survey. Only one (1) Member account per person and per email address and a limit of two (2) per physical home or work address may be submitted.  Original account and any subsequent accounts established by a person using the same or different email account addresses or physical home or work address may be void, at Connect 150’s discretion.  Members may be required to show proof, to Connect 150’s satisfaction, of being the authorized email account holder.  Connect 150 reserves the right to terminate all accounts for any person found to have more than one account and void all associated points for rewards, and all types of incentive.  After completing the initial required enrollment survey, you will be given access to join our community.  You will become a member of Noumenati Community and be considered a member of our freelancer community online Program through our sites and offline when participating in traditional research.

5. Participating in online research, traditional research and other actions.

An important part of your agreement to participate in this Program is responding to and sharing your opinions, responses, insights, and/or ideas on the content we present and that other members provide. Once you complete registration, you can begin earning points (“Points”) by completing the following actions (“Actions”):

- Online Research allows members to participate in certain types of online research, including surveys, polls, chats and discussions. Upon completion of your enrollment survey, you may, from time to time, be asked to complete other online research activities, including answering a profile question, responding to a poll, participating in a chat or discussion on a certain topic in an online group.

- Traditional Research, in contrast, requires members to make themselves available for live in-person focus groups, moderated online bulletin boards, online focus groups, telephone interviews, including, but not limited, to product/prototype tests and many other types of projects.

Points are awarded only for member’s full and completed participation in Actions based on Connect 150’s classification of the Action, as noted in the chart below:

Task

Points per activity

"T-Shirt" Size

Short survey/poll

Points per activity

1

"T shirt" Size

Small

Medium survey

Points per activity

2

"T shirt" Size

Small

Active over 200 engagement score in a month

Points per activity

3

"T shirt" Size

Medium

Participate in a scheduled group chat/interview

Points per activity

5

"T shirt" Size

Medium

Post relevant content for discussion

Points per activity

5

"T shirt" Size

Medium

Invite /refer friends to the site or product

Points per activity

5

"T shirt" Size

Medium

Complete prototype product feedback 

Points per activity

5

"T shirt" Size

Medium

Write & submit original content post

Points per activity

6

"T shirt" Size

Large

Complete a user testing request

Points per activity

7

"T shirt" Size

Large

Present content

Points per activity

10

"T shirt" Size

Large

YOUR PARTICIPATION IN THIS PROGRAM AND/OR ANY ACTIONS IS ENTIRELY VOLUNTARY.  MEMBERS ARE UNDER NO OBLIGATION TO PARTICIPATE IN ANY ACTIONS AND DO SO AT THEIR OWN DISCRETION.

Your eligibility to participate in Actions will vary depending on the requirements and objectives of our product and idea development.  Connect 150 will review the information provided by its members during the enrollment process to select those members who meet the criteria and/or profile required for the specific research it is conducting.  For example, a survey may require participants who are of a specific age, income, profession, or culture.  If you do not fall into the specific category of individuals required by the survey, you will not be selected to participate.  You hereby understand and agree that Connect 150 has no obligation to provide you with survey opportunities or to allow you to participate in any research study, or survey, and that final selection of participants is in our complete discretion.

6. Points

Points are earned by members and provided to them by Connect 150 only for their validated full participation in eligible Actions. Points for completing surveys or participating in other Actions are only awarded if the member is in good standing and the information in their response is authentic, relevant to the study and meets any criteria established by Connect 150 for the survey applicants. As part of the membership process, members must permit us to contact them and agree to respond, in Connect 150’s endeavor, to validate their participation and the accuracy of their responses.   Members will receive a quarterly email from Connect 150 so they can view their total number of Points earned in the Program.  While Connect 150 takes reasonable care to ensure Points are accurately awarded to Members' accounts, Members are responsible for ensuring that their Points are correct, and Connect 150 shall not be held liable for any errors regarding Points.  

7. Points redemption

Points may be redeemed for cash, third-party gift certificates, gift cards, or other incentives (collectively, “Rewards”) as determined by Connect 150 in its sole discretion, based on members reaching certain Points thresholds and/or certain Points conversion values, as will be made available to you.  Your Points will determine the potential Rewards for which you are eligible.  You will not be able to receive a Reward if you have insufficient Points for such Reward. Connect 150 reserves the right to adjudicate all Points and Rewards discrepancies in its sole discretion, and you agree to abide with any such decision. The initial points conversion for cash or gift card rewards is including in the chart below, provided that such point values and the related rewards are subject to change at any time by Connect 150 in its sole discretion.

Cash & Gift Card Conversion

Points per activity

"T shirt" Size

1 Point

"T shirt" Size

$ 5

Taxes

Rewards may be taxable, depending on the nature and value of the Reward, under applicable federal, state, and local tax laws. Members are solely responsible for all taxes due as a result of Rewards they receive from Connect 150 for participation in the Program.  Connect 150 is required by current U.S. federal law to issue an IRS Form 1099 to any Member awarded a value of $600.00 or more annually for participation in the Program.  All members agree, when requested by Connect 150, to provide Connect 150 with all information necessary for Connect 150 to comply with all tax reporting requirements. 

8. Rewards

If a Member reaches a Points threshold as provided in Section 7, Connect 150 will send the Member a quarterly email with any Rewards Member has earned for that quarter.  All Rewards will be determined by Connect 150 in its sole discretion and will be based on member’s Points threshold.  Connect 150 is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled requests or Rewards or for problems of any kind whether mechanical, human or electronic.  Proof of submission will not be deemed to be proof of receipt by Connect 150. CERTAIN REWARDS ARE AVAILABLE ONLY WHILE SUPPLIES LAST, AND QUANTITIES MAY BE LIMITED.  CERTAIN REWARDS, SUCH AS GIFT CARDS, ALSO MAY BE SUBJECT TO EXPIRATION AND/OR FEES OR CHARGES.  Connect 150 reserves the right to change the cash, gift cards/certificates and other incentives redeemable for Rewards at its discretion and without notification.  The Program and/or the Rewards are void where prohibited by law. Members may not assign or transfer any Points or Rewards. Other than as stated expressly on Connect 150’s merchandise, Connect 150 makes no warranty in any respect as to any Rewards, merchandise or service available within the Program, and all such Rewards are provided AS IS.  

Connect 150 does not warrant or represent that you will earn any specific number of Points or Rewards and that any Rewards will be available for redemption.  Any Rewards received as a result of redemption of Points may not be exchanged or returned.  Connect 150 is not in any way responsible for third-party gift certificates or gift cards. 

9. Connect 150's use of your content

By participating in this Program, you grant to Connect 150 and its parent company, subsidiaries, and affiliates, and their respective employees, officers, directors, representatives, agents,  licensees, successors and assigns (collectively, “Licensees”), the non-exclusive, irrevocable, royalty-free, right and license to exhibit, display, broadcast, copy, reproduce, encode, compress, encrypt, incorporate data into, rebroadcast, transmit, record, publicly perform, create derivative works of, distribute and synchronize in timed relation to visual elements, and otherwise exploit, any ideas, information, drawings, sketches, artwork, presentations, writings, photography, videos, films, digital materials, ideas, concepts, designs, text, plans, comments, enhancements, and/or other materials (collectively, “Content”) provided, posted, uploaded and/or otherwise sent by you in connection with this Program, or any portions or excerpts thereof, in any manner, for any purpose whatsoever, including advertising, promoting, merchandising, and/or publicizing the Program or Connect 150, an unlimited number of times, in any and all media, now known or hereafter devised, in perpetuity, throughout the world, without any additional liability, obligation or additional payment of any kind to you or any third party. In addition, Connect 150 may freely assign, sublicense and/or transfer its rights in any Content hereunder to any other party without notice to you.

10. Connect 150's content

All content we provide through the Program, including, without limitation, any photos, images, products,  packaging and other materials and all elements thereof and all materials incorporated therein, including without limitation text, graphics, images, taglines, slogans, designs or product and brand names, logos, trademarks, copyrighted material, buttons, icons, software and other content (collectively, “Connect 150 Content”) and the collection, arrangement and assembly and derivative works of all Connect 150 Content, are and/or may be protected under copyright, patent,  trademark and other laws.  All Connect 150 Content is our exclusive property or used with permission.  Unauthorized use of Connect 150 Content beyond the scope of this Program may violate copyright, patent, trademark, and other laws.

11. Legal compliance

We require compliance with, and all Members agree by participation in the Program, to comply with all federal, state, and local laws, rules, regulations and court orders that are applicable to their participation in the Program, including without limitation the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf) (“FTC Endorsement Guides”). We reserve the right, in our sole and absolute discretion, to monitor Members’ compliance with all laws and the FTC Endorsement Guides and to suspend, modify and/or terminate the membership of any Member who fails to comply with the same, in our sole and absolute discretion. 

12. Children excluded

This Site is not intended for or directed to persons under the age of 18.  By visiting the Site and/or participating in the Program, you represent and warrant to Connect 150 that you are at least 18 years of age and the age of majority in your jurisdiction.

13. Emails

By agreeing to this TOU and registering in the Program, you agree to receive e-mails from the Connect 150 and the Noumenati Community including marketing emails, as well as Program emails inviting you to participate in or providing you with information about Questions, Polls, Surveys, Traditional Research and other Actions.  You do not have to participate in every instance in response to Program emails.  If, at any time, you decide that you do not want to receive any marketing emails from Connect 150, you can unsubscribe from receiving such marketing emails by clicking on the “UNSUBSCRIBE” link in any e-mail you receive from Connect 150; however, you will still continue to receive Program emails, including those emails inviting you to participate in other Actions, unless you terminate your Membership in accordance with Section 16 herein. 

14. Referrals and anti-spam policy

At this time, the Noumenati Community is by invitation only.  Please contact info@Connect150.com if any of your family members or friends may be interested. 

15. Member conduct

By participating in this Program, you agree to be bound by this TOU and our decisions, which shall be final and binding in all respects.  We may, in our sole and absolute discretion, terminate or suspend your participation in the Program for breach of this TOU, or for taking any actions that are inconsistent with the intent of this TOU.  We will be the sole determiner in cases of suspected abuse, fraud, or breach of this TOU or intent of this TOU.  We reserve the right at our sole discretion to prohibit any person from participating in any aspect of the Program, if we deem or suspect that such person has engaged in or has attempted to engage in any of the following: (i) you have abused, altered, or otherwise misused this Site, including but not limited to posting or express content or statements reasonably considered offensive; (ii) you have provided Connect 150 with any false information; (iii) you have not completed all surveys truthfully and accurately; (iv) you have failed to safeguard your user name and password; (v) you have allowed a third party to use your unique username and password to complete any survey on your behalf; (vi) you acted in violation of this TOU or with intent to annoy, harass or abuse any other person; (vii) you damaged, tampered with or corrupted the operation of the Program o the Site; and/or (viii) engaged in any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity or any activity deemed in our sole discretion to be generally inconsistent with the intended operation of the Program.  

You agree not to take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, on or through the Program that, in our sole discretion:

Any decision we make relating to termination or suspension of your participation in the Program and/or removal, disqualification or rejection of any Content shall be final and binding in all respects.

16. Terminating your membership

If a Member does not materially participate during a one (1) month period, Connect 150 may elect, in its sole discretion, to terminate his/her membership without notice. Connect 150 is not responsible for delays in reporting credit or your failure to receive any Rewards.

f you wish to terminate your membership with Noumenati (Connect 150) at any time, you may do so by: 1) Logging into your Noumenati Account, select your Account and clicking “Deactivate my Account” or by clicking the “To Permanently Delete your account click here” option OR 2) sending an email to info@Connect150.com clearly stating your intent to terminate your membership.

17. Changes to this document

We may continue to update this TOU.  When we do, we will also revise the “last modified” date at the top of this TOU so you know the Agreement has changed.  For material changes to this TOU, we will notify you either by placing a prominent notice on the Member page of our Site or by directly sending you a notification.  We encourage you to periodically review this TOU to stay informed about our Site policies and procedures.  Your continued use of this Site constitutes your agreement to this TOU and any updates thereto.

18. Confidentiality

You acknowledge that during your engagement with Connect 150 and the Program, you will have access to and become acquainted with various trade secrets, data, inventions, innovations, processes, information, records and specifications (“Confidential Information”) owned or licensed by Connect 150 and/or used by Connect 150 in connection with the operation of its business including, without limitation, Connect 150’s business and product processes, methods, customer lists, accounts and procedures. Further, you acknowledge that during your engagement with Connect 150 and the Program, you will have access to and become acquainted with Confidential Information owned or licensed by Connect 150. You agree that you will not disclose any of the aforesaid Confidential Information, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of your engagement with the Program. Upon the expiration or earlier termination of this Agreement, or whenever requested by Connect 150, you shall immediately deliver to Connect 150 any Confidential Information in your possession or under your control.

19. Third-party content and links

You agree that Connect 150 is not responsible and will not be held liable for any third-party content or application available on the Site or any third-party content, products or services available on another web site through a link from this Site.  Links to third-party sites are for your convenience only, and their inclusion on this Site does not imply any endorsement, guarantee, warranty or representation by Connect 150.

20. Release

We are not responsible for any failures or circumstances affecting, disrupting or corrupting the Program or the Rewards in any manner, including, without limitation, your ability to participate in the Program or receive any Rewards.  By participating in the Program, you release us, our parent company, subsidiaries, affiliates, suppliers, and advertising and promotions agencies and their respective employees, officers, directors, successors, agents and assigns (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including without limitation property damages, personal injury and/or death, arising out of participation in the Program and the use of or participation in any Rewards.

21. Indemnification

You agree to indemnify, defend and hold Connect 150 and the other Released Parties harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by you of any of this TOU or any violation by you of applicable law.

22. Limitation of liability

To the fullest extent permitted by applicable law, no responsibility or liability is assumed by Connect 150 for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Program and/or Site: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online or other communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Site in whole or in part for any reason; traffic congestion on the Internet or Site; unauthorized human or non-human intervention of the operation of the Program, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Program, or loss, miscount, misdirection, inaccessibility or unavailability of an Account used in connection with the Program.

To the fullest extent permitted by applicable law, you hereby agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Program or any Points or Rewards shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (iii) under no circumstances will you or anyone else be permitted to obtain awards for and you hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  EXCLUDING VIOLATIONS CONFIDENTIALITY OBLIGATIONS, IN ALL EVENTS, OUR AGGREGATE LIABILITY TO YOU FOR CLAIMS RELATING TO THIS AGREEMENT, WHETHER FOR BREACH OF CONTRACT OR IN TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY BEFORE THE CLAIM WHICH GAVE RISE TO THE LIABILITY. 

23. Inependent contractor

By participating in the Program, you acknowledge and agree that nothing in this TOU is intended to create or give rise to any employment situation and you should not have any expectations of employment as a result of participating in the Program or performing any of the Actions.  Accordingly, Connect 150 will not have any obligations of an employer under federal, state or local law, regulation or order, including but not limited to those relating to federal or state income taxes, self-employment income taxes, FICA taxes or unemployment taxes, tax withholding or filing, disability benefits, and workers compensation. Nothing in this Agreement shall be construed or considered to create a relationship of employer and employee, principal and agent, partner, joint venturer or any other relationship other than that of an independent contractor between the parties hereto.  

24. Proprietary rights

This Site and all materials on the Site, including, without limitation, all databases, survey forms, graphics, trademarks and logos on the Site, are protected by our copyrights, trademarks, service marks, or other proprietary rights and laws and may be patentable.  Except as specifically permitted in this TOU or by express written consent of us, you agree that you shall not use the Site or the material on the Site in any manner for any other purpose.

25. Governing law; resolution of disputes/arbitration:

This TOU shall be governed by and construed in accordance with the laws of the State of Florida, including its conflicts of law rules. If you have any dispute under this TOU or otherwise in connection with the Program, you agree to first try to resolve the dispute informally by notifying the Connect 150 of the dispute and the parties shall attempt in good faith to resolve any such dispute. While Connect 150 will make reasonable efforts to resolve any disagreements you may have with Connect 150, if these efforts fail, you agree that all claims, disputes or controversies against Connect 150 or the other Released Parties arising out of this TOU and the Program (collectively, “Claims”) are subject to fixed and binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek.  This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. 

YOU UNDERSTAND AND AGREE THAT YOU AND CONNECT 150 ARE AGREEING TO ARBITRATE ALL CLAIMS, AND YOU AND CONNECT 150 ARE WAIVING YOUR RIGHT TO RESOLVE ANY CLAIMS BEFORE A JUDGE AND JURY IN A COURT OF LAW. THIS MEANS THAT THE CLAIM WILL BE DECIDED BY AN ARBITRATOR, AND NOT BY A JUDGE OR JURY. COURT REVIEW OF AN ARBITRATION AWARD WILL BE VERY LIMITED. THE ARBITRATOR CAN AWARD ANY DAMAGES OR RELIEF ON YOUR INDIVIDUAL CLAIM THAT A COURT OF LAW COULD UNDER APPLICABLE LAW, PROVIDED, HOWEVER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ARBITRATOR IS NOT EMPOWERED TO AWARD ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION HEREOF.

In addition, you agree that any and all Claims will be arbitrated on an individual basis, not as a plaintiff, class representative, member of a putative class, or otherwise on behalf of others in any proposed class, collective, consolidated or representative proceeding, and the arbitrator may award relief only on an individual (non-class, non-representative) basis.   Notwithstanding the foregoing, this provision shall not prevent either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or statutory injunctive relief in its favor solely on the grounds that such relief would also have an effect on the general public. 

The arbitration shall be administered by JAMS or its successor or, if no longer in existence, another nationally-recognized administrator, and conducted in accordance with its comprehensive arbitration rules then in effect (the “Rules”).  The Rules may limit the discovery available to you or Connect 150.  The seat of the arbitration shall be in Fort Lauderdale, Florida or at a different location to which you and Connect 150 agree in writing.  The arbitration shall be conducted as expeditiously and economically as reasonably practicable.    Payment of all filing, administration, arbitrator and/or mediator fees ("Fees") will be governed by JAMS rules.

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least fifteen (15) years’ experience or a retired or former judge, selected in accordance with JAMS rules.  If all parties to the dispute do not agree upon the arbitrator within twenty (20) days after commencement of the arbitration, then the arbitrator shall be appointed by the administrator pursuant to the Rules. The arbitrator will take reasonable steps to protect your account information and other confidential information if requested to do so by you or Connect 150 provided the discovery or exchange of non-privileged information relevant to the dispute shall be permitted. The arbitrator shall issue a written award consisting of a written statement stating the disposition of each claim and include a concise written statement of the essential findings and conclusions on which the award is based (the “Award”). The arbitrator’s Award is final and binding on the parties unless Connect 150 or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the Award. Any Claim you have with respect to use of the Program or the Site must be commenced within one (1) year after the claim arises, or such Claim is forever waived by you.

You and Connect 150 further agree that an Award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the Award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in state and federal court located in Fort Lauderdale, Florida. For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Fort Lauderdale, Florida, and the parties hereby waive any argument that any such court does not have personal jurisdiction or is not appropriate or convenient; and (b) you and Connect 150 waive any and all rights to trial by jury with respect to any such Claims.

26. General

Connect 150’s failure to enforce any right or provision in this TOU shall not constitute a waiver of such right or provision or of any other rights or provisions in this TOU.  If a court should find that one or more rights or provisions set forth in this TOU are invalid, you agree that the remainder of this Agreement shall be enforceable and that the remaining provisions shall be enforceable to the fullest extent permitted by law.

Sponsor:

Connect 150
604 Banyan Trail, #811989
Boca Raton, FL 33481


Privacy Policy

Noumenati Online Community

Terms and Conditions

Last Modified and Effective: 16 July 2021

Welcome to Noumena located at Noumena.pro (our “Site”).  Our Site is maintained and operated by Noumenati, LLC (“Company”, “we”, “our” or “us”).

Your access and use of our Site is subject to the following terms and conditions (the "Terms and Conditions") and all applicable laws. By accessing or using any part of our Site, you accept, without limitation or qualification, these terms and conditions. If you do not agree with all of the terms and conditions set forth below, you may not use any portion of our Site.

Accessibility:

If you are having any trouble accessing these Terms and Conditions or the Website, please contact us at info@connect150.com.

Authorized Use of Site:

Our Site is provided for your personal and non-commercial use, for informational purposes only, and made available from servers resident in the United States of America (U.S.A.).  Except as provided hereafter, Our Site is intended only for users in the U.S.A. and we do not otherwise offer our Site, or any other product or service, outside the U.S.A.  Non-U.S.A. pilot testing: A limited group of participants in Thailand and in the Bali province of Indonesia may be permitted to join Noumena and use our Site as part of our evaluation of potential expansion of participation in Noumena.

Unauthorized Use of Site:

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on our Site. Further, you may not use any such automated means to manipulate our Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, our Site or any other user's use of our Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” our Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of our Site within another website or application.  You may not resell use of, or access to, our Site to any third party without our prior written consent.

Registration and Passwords:

In order to access certain services on our Site, you may be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, including information collected via social media connectivity, please read our Privacy Disclosure, which is incorporated as part of these Terms and Conditions.

Proprietary Rights:

Company is the owner of or otherwise licensed to use all parts of our Site, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials and/or applications available on our Site belong to third parties who have authorized Company to display the materials, such as portfolio works, client logos and trademarks and other proprietary materials, and/or provide access to the application(s).  By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials.  Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using our Site.  All rights not granted under these Terms and Conditions are reserved by Company.

Disclaimer Regarding Guests:

We may from time to time arrange for professionals with various backgrounds, experiences, and/or knowledge ("Invited Guests") to present information and interact with you in any number of ways, including webinars, group chats, panel discussions, etc.   Be aware that all information and opinions of any Invited Guests are solely those of the respective Invited Guests and are not, and are not intended to be, legal, tax, accounting or financial advice.   In the case of topics that include legal, tax, accounting or financial information, such communications do not create or constitute an attorney-client or other professional-customer relationship or a solicitation of the same, and in all cases, you should not rely on or act upon any such information without first obtaining qualified professional advice based on your specific facts and circumstances.  We do not provide any endorsement or warranty of any Invited Guest, including for purposes of providing any particular services.  In the event that you choose to enter into a formal relationship with any Invited Guest in order to obtain any type of professional service, you will be solely responsible for evaluating and selecting the Invited Guest for such purpose.

Comments or Materials Posted by You:

Certain pages on our Site may allow you to post text comments, photos, videos or other user content (“Content”).  You may only post Content to our Site if you are a resident of the United States and are eighteen (18) years of age or older.  You may only post Content that you created or which the owner of the Content has given you permission to post.  If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Company.  You may not post or distribute Content that is illegal or that violates these Terms and Conditions.  By posting or distributing Content to our Site, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to our Site and (b) the Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.

By submitting or posting Content to our Site, you grant Company the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium.  Once you submit or post Content to our Site, Company does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses.  Company owns all right, title, and interest in any compilation, collective work, or other derivative work created by Company using or incorporating Content posted to our Site. You are solely responsible for anything you may post on our Site and the consequences of posting anything on our Site.

Content Posted by Other Users

Activities Prohibited by Site

Company expects all of its users to be respectful of other people.  The following is a partial list of the types of conduct that are illegal or prohibited on our Site or while using our Site. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, engages in any of the prohibited activities.  Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

- is defamatory, abusive, obscene, profane or offensive;

- infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on our Site);

- violates any party’s right of publicity or right of privacy;

- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; promotes or encourages violence;

- is inaccurate, false or misleading in any way, or constitutes impersonation of another person;

- is illegal or promotes any illegal activities;

- promotes illegal or unauthorized copying of another person's copyrighted work or links to them or providing information to circumvent security measures;

- contains “masked” profanity (e.g., F*@&#);contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

- contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Adherence to Antitrust Laws. You acknowledge that other participants and visitors at our Site may include persons who compete with you or who are customers or suppliers to you and/or your competition.  Keep in mind that antitrust laws generally promote competition and prohibit activities that would interfere with competition; you are advised to consult your legal counsel in the event of any doubt about information you may choose to share on our Site.  In general, discussing or exchanging information about pricing and pricing methods, information about suppliers or customers that could limit them in the marketplace, territory definitions or limitations, and other similar topics may put you at risk of violating antitrust laws.Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion.  Company may edit or remove any Content at any time without notice and in its sole discretion.

No Ideas Solicited:

Company is not soliciting ideas from you, including without limitation suggestions about advertising, promotion, merchandising, or design of our products, additions to our product lines, services, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to our Site, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Company.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

Links:

Our Site may contain links to other websites or applications, or provide access to applications, not maintained by Company. Other websites or apps may also reference or link to our Site. We encourage you to be aware when you leave our Site or access a third person’s application and to read the terms and conditions and privacy statements of each and every website or app that you visit.  We are not responsible for the practices or the content of such other websites or apps.

No Warranties:

WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON OUR SITE, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE APP. YOUR USE OF OUR SITE IS AT YOUR OWN RISK. OUR SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH OUR SITE, IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON OUR SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SHALL NOT BE LIABLE FOR THE USE OF OUR SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF OUR SITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing our Site.  

Changes:

All information posted on our Site is subject to change without notice.  In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on our Site. You should check our Site for such changes frequently.  Your continued access of our Site after such changes conclusively demonstrates your acceptance of those changes.

Indemnification:

You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law.  

Severability:

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies:

The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions.  The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.

Digital Millennium Copyright Act ("DMCA") Notice:

Materials may be made available via the Site by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. 

If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

All DMCA notices should be sent to our designated agent as follows:

Lynne Hart
Lynne@Noumena.global

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

International Access:

Our Site is provided from the United States of America (U.S.A.) and all servers that make it available reside in the U.S.A.  The laws of other countries may differ regarding the access and use of the Site.  We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.  

Governing Law; Dispute Resolution.

The laws of the State of Florida shall govern these Terms and Conditions.  If you have any dispute under these Terms and Conditions or otherwise in connection with the Site, you agree to first try to resolve the dispute informally by notifying us of your concern, and you and we agree to attempt in good faith to resolve any such dispute. While we will make reasonable efforts to resolve any disagreements you may have, if these efforts fail, you agree that all claims, disputes or controversies against us or our parent company, subsidiaries, affiliates, suppliers, and their respective employees, officers, directors, successors, agents and assigns (collectively, “Released Parties”) arising under these Terms and Conditions or relating to the Site (collectively, “Claims”) are subject to fixed and binding arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek.  This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. 

YOU AND WE UNDERSTAND AND AGREE TO ARBITRATE ALL CLAIMS, AND YOU AND WE ARE WAIVING ALL RIGHTS TO RESOLVE ANY CLAIMS BEFORE A JUDGE AND JURY IN A COURT OF LAW. THIS MEANS THAT THE CLAIM WILL BE DECIDED BY AN ARBITRATOR, AND NOT BY A JUDGE OR JURY. COURT REVIEW OF AN ARBITRATION AWARD WILL BE VERY LIMITED. THE ARBITRATOR CAN AWARD ANY DAMAGES OR RELIEF ON YOUR INDIVIDUAL CLAIM THAT A COURT OF LAW COULD UNDER APPLICABLE LAW, PROVIDED, HOWEVER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ARBITRATOR IS NOT EMPOWERED TO AWARD ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION HEREOF. 

In addition, you agree that any and all Claims will be arbitrated on an individual basis, not as a plaintiff, class representative, member of a putative class, or otherwise on behalf of others in any proposed class, collective, consolidated or representative proceeding, and the arbitrator may award relief only on an individual (non-class, non-representative) basis.   Notwithstanding the foregoing, this provision shall not prevent either party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or statutory injunctive relief in its favor solely on the grounds that such relief would also have an effect on the general public.  

The arbitration shall be administered by JAMS or its successor or, if no longer in existence, another nationally-recognized administrator, and conducted in accordance with its comprehensive arbitration rules then in effect (the “Rules”).  Those Rules may limit the discovery available to you or us.  The seat of the arbitration shall be in Fort Lauderdale, Florida or at a different location to which you and we agree in writing.  The arbitration shall be conducted as expeditiously and economically as reasonably practicable.    Payment of all filing, administration, arbitrator and/or mediator fees ("Fees") will be governed by JAMS rules.

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least fifteen (15) years’ experience or a retired or former judge, selected in accordance with JAMS rules.  If all parties to the dispute do not agree upon the arbitrator within twenty (20) days after commencement of the arbitration, then the arbitrator shall be appointed by the administrator pursuant to the Rules. The arbitrator will take reasonable steps to protect your account information and other confidential information if requested to do so by you or us provided the discovery or exchange of non-privileged information relevant to the dispute shall be permitted. The arbitrator shall issue a written award consisting of a written statement stating the disposition of each claim and include a concise written statement of the essential findings and conclusions on which the award is based (the “Award”). The arbitrator’s Award is final and binding on the parties unless you or we appeal it in writing to the arbitration firm within fifteen (15) days of notice of the Award. Any Claim you have with respect to these Terms and Conditions or the Site must be commenced within one (1) year after the Claim arises, or such Claim is forever waived by you.

You and we further agree that an Award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the Award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in state and federal courts located in Fort Lauderdale, Florida.  For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Fort Lauderdale, Florida, and the parties hereby waive any argument that any such court does not have personal jurisdiction or is not appropriate or convenient; and (b) you and we waive any and all rights to trial by jury with respect to any such Claims.

Questions:

Should you have any questions regarding these Terms and Conditions, you may contact us at info@connect150.com.