These terms of service apply to your access to or use of this application and services provided by applications developed by us, its subsidiaries and affiliates (collectively referred to as "us", "us" and "our") (this application and These services constitute "services"). These terms of service ("ToS") constitute a legal agreement between the user of our products and services ("user" or "you") and us. It applies when users access or use this mobile application and service.
1. Consent
By downloading the application or using the service in other ways, you agree to be bound by these ToS. If you do not agree to these terms of service, you must not use the application or service, and if you have already downloaded the application, uninstall it.
We may modify these ToS from time to time. We will notify you of major changes in accordance with applicable laws. If you disagree with the proposed changes, you should stop using the application and/or service and uninstall the application. If you continue to use the application and/or service after the new terms take effect, you will be bound by the revised terms of service.
2. Privacy Policy
Our Privacy Policy is part of, and governed by these ToS. By agreeing to these ToS, you agree to be bound by the terms of the Privacy Policy and Advertising Choices, and agree that we may use information collected from you in accordance with their terms.
3. Notice Regarding Dispute Resolution
These ToS contain provisions on how to resolve claims you and we may bring against each other, including agreements and obligations for arbitrating disputes. With limited exceptions, this clause will require you to submit claims against us to binding arbitration. , Unless you choose to withdraw from the arbitration, as described below.
If you do not opt out of arbitration, you will only be able to file claims and seek relief (including money, injunctions and declaratory relief) from us on an individual basis, not as part of any class or representative litigation or procedure.
4. Affirmative Representations
When you use the service, you indicate:
Your use of the service does not violate any applicable laws or regulations;
You are over 18 years old, or if you are under 13 to 17 years old and a third-party parent or legal guardian has agreed to these ToS;
You have reached a sufficient legal age or have the legal capacity to legally sign these ToS.
5. Prohibited Activities
You agree that in terms of your use of the service, you will not:
Place an undue burden on the service or the network or service connected to the service (for example, intrusion into the service);
Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from the service or any part thereof or sublicense; or
Circumvent, disable or otherwise interfere with the security-related functions of the service, or prevent or restrict the use or copying of any material (as defined in Section 6) or enforce restrictions on the use of the service or the material on the service.
6. Our Intellectual Property Rights
All text, copyrighted computer code, trademarks, service marks, and logos ("materials") contained in the service are owned by or licensed to us, and are subject to copyright and other intellectual property rights under U.S. and foreign laws. International Convention. The services and materials are for your reference and personal use only, and may not be used for commercial development. We reserve all rights to services and materials. If you download or print a copy of the material for your personal use, you must retain all trademarks, copyrights and other proprietary notices contained in and on the material.
7. Our Management of the Service; User Misconduct
Our right to manage services. We reserve the right, but do not assume the following obligations:
(a) monitor or review whether the service violates these terms of service and our policies;
(b) report to law enforcement agencies and/or take legal action against anyone who violates these terms of service;
(c) Manage the service in a way designed to protect our rights and property and the third party's rights and property or to promote the normal operation of the service.
Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF these Terms of Service, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF the Service TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN these Terms of Service, OR OF ANY APPLICABLE LAW OR REGULATION.
8. Third Party App Stores
You acknowledge and agree that the availability of the service may depend on the third-party website from which you download the service, such as the Apple App Store or Google Play Store (both referred to as the "third-party App Store"). You acknowledge that these terms of service are between you and us, not the applicable third-party App Store. Each third-party App Store may have its own terms and conditions, and you must agree to these terms and conditions before downloading services from it. You agree to abide by the applicable third-party App Store terms and conditions, and your permission to use the service is conditional on your compliance with the applicable third-party App Store terms and conditions. If the applicable third-party App Store’s other terms and conditions are less restrictive than or conflict with these terms and conditions, the more restrictive or conflicting terms and conditions of these terms and conditions will apply.
9. Premium Services and In-App Purchases
Taking into account subscription fees or other fees ("premium services"), including the ability to purchase products and services ("in-app products"), we may provide certain products and/or services to users of the app. If you choose to use premium services or purchase in-app products through a third-party App Store, the third-party App Store will charge your account applicable fees or charges.
Billing for premium services and in-app purchases will be handled by third-party app stores in accordance with the terms disclosed to you at the time of purchase and the general terms of in-app purchases applicable to your account. Some third-party App Stores may charge you sales tax, depending on where you live.
If you purchase an auto-recurring recurring subscription through an in-app purchase, your account will continue to pay for the subscription until you cancel it. If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your account and follow the instructions to cancel your subscription, even if you delete our account in other ways or if you have removed Delete the application from the device. Deleting your membership account or deleting the application from your device will not cancel your subscription; we will retain all funds collected from your account until you cancel your subscription through your account.
10. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.
(1) Initial Dispute Resolution
We are available by email at the address provided in the “How to Contact Us” Section to address any concerns a user may have regarding the Service. Most concerns may be quickly resolved in this manner. For any dispute you have with us, you agree to first contact us and attempt to resolve the dispute with us informally. We each agree to resolve any dispute arising out of or in connection with, or relating to this Agreement directly through consultation and good faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration.
(2) Agreement to Binding Arbitration
If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section “Initial Dispute Resolution” above, then either party may initiate binding arbitration.
All claims arising out of or relating to these ToS (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association in accordance with the provisions of the Consumer Arbitration Rules of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these ToS, including, but not limited to, any claim that all or any part of these ToS is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these ToS shall be subject to the Federal Arbitration Act.
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. IF WE ARE REQUIRED TO PAY THE ADDITIONAL COST OF THE FILING FEES, YOU SHOULD SUBMIT A REQUEST FOR PAYMENT OF FEES TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO AAA. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEY’S FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.
(3) Class Action and Class Arbitration Waiver
You and us each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and us each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section “Agreement to Binding Arbitration Above” shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(4) Exception - Small Claims Court Claims
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(5) 30 Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section “Arbitration Agreement” by sending written notice of your decision to opt-out to the address provided in the “How to Contact Us” Section.
The notice must be sent by you within thirty (30) days of your downloading of the App, otherwise you will be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
(6) Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth in above do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in San Francisco County, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in California for any litigation other than small claims court actions.
11. Warranty Disclaimer; Limitation on Liability
A. Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL Materials OR ITEMS PROVIDED THROUGH the Service ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING the Service, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY the Service, OR THAT WE BELIEVE ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF the Service. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN these Terms of Service. YOU AGREE THAT YOUR USE OF The Service WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH the Service AND YOUR USE THEREOF.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF the service’s CONTENT, THE CONTENT OF ANY SITE LINKED TO the service, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON the service OR LINKED TO BY the Service. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF the SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM the service, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH the service BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA the Service.
B. Limited Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF the Service, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN These Terms of Service, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH These Terms of Service, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
12. Digital Millennium Copyright Act Policy
We follow the notice and take down provisions of the Digital Millennium Copyright Act (the “DMCA”). In addition, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any material or content on the Service infringes upon your copyrights, you may submit a notification pursuant to our DMCA Policy by sending an email to george6c4@gmail.com with a subject line beginning “DMCA Notice” that contains the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner or an agent of an exclusive right that is allegedly infringed;
Identification of the copyright claimed to have been infringed;
Identification of the material that is claimed to be infringing, and where it is located in the App or Service, as applicable;
Information reasonably sufficient to permit us to contact you;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
13. Independent Contractors
Nothing in these Terms of Service shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
14. Non-Waiver
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.
15. Severability
These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
16. Assignment
We may assign our rights under these Terms of Service without your approval.
17. No Modifications by Our Employees
If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.