Terms & Conditions
Last Updated: November 27th, 2020
1. Contractual Relationship
Acceptance of Terms
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING, DOWNLOADING OR USING THE SITE OR THE SERVICES, YOU AGREE TO BECOME BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES. IN THESE THERMS, THE WORD “INCLUDING” and “INCLUDE” MEAN “INCLUDING, BUT NOT LIMITED TO.”
Your access and use of the Services constitutes your agreement to be bound by the Terms, which establishes a contractual relationship between you and the Company. The Services can only be accessed and used by you under the Terms described below.
Modification of Terms
Company may, in its sole discretion, modify the Terms at any time effective upon posting of the modified Terms on the Site or Apps, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Site or Apps to obtain timely notice of such changes, and if you do not agree to the Terms as amended, you agree to immediately stop using the Services.
YOUR CONTINUED USE OF THE SERVICES AFTER A MODIFICATION OF THE TERMS MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS.
These Terms expressly supersede prior agreements with you. The Company may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
2. The Services
The Services constitute a technology platform that enables users of the Company’s mobile applications or websites provided as part of the Services to (i) create, schedule, post, submit, read, view, discover, share texts, chats, messages, comment, location(s), recommendations, reviews, chats, products, services, offers, coupons, discounts, stories, photographs, images, vectors, moving images, animations, films, videos, audiovisual works, audio files, documents, augmented reality content, virtual reality content or any other type of contents with other Users on the Services as well as with third party providers of such content and/or services (each such arrangement a "Transaction"), including independent third party providers under agreement with the Company or certain Company’s affiliates (“Third Party Providers”); (ii) create and display profile information such as (but not limited to) name, picture, cover picture, location, biography, expertise skills, biography, opinions, reviews, network connections, education, language(s), schedule, media, services, products, prices, wishlist, searches; (iii) communicate via Voice over IP calls (VoIP calls), posts, texts, video calls, questions, messages, comments and chats with other users; (iv) access, use and train a personal digital assistant to save questions and recommend and/or provide answers on behalf of Users. Unless otherwise agreed by the Company in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT PROVIDE HELP, ADVICE, RECOMMENDATIONS, PRODUCTS OR CONSULTING SERVICES.
By accessing, requesting, or subscribing to Services, products, advice or any information from the Services, you agree that the Services is to be considered an entertainment on your behalf. Advice or content may or may not influence your decisions and/or behavior. You agree that by accessing and using the Services, you take full responsibility for any and all consequences acted upon in utilizing the information provided within our Services.
Users are solely responsible for all Transactions occurring through their Account (as defined below). You also acknowledge and agree that other users on the platform are neither employees nor agents of Company, and that the Company assumes no responsibility for any act or omission of any.
Subject to your compliance with these Terms, the Company grants to you a limited, non-exclusive, non-sublicensable, non-transferable and revocable license to: (i) access and use the Services on your personal device solely in connection with your use of the Services and in accordance with the Terms; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by the Company and the Company’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Company; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Users may each other to make offers to buy or sell Transactions outside of Services. The Company is not a party to Transaction made between Users. Also, Users may not use information obtained from Services or any systems of Services to contact each other about buying or selling Transactions outside of Services.
Users are liable for fees arising out of all Transactions made using some or all of Services, even if Transaction terms are finalized or payment is made inside and/or outside of Service.
Users are also liable for final value fees if they offer or reference their contact information, or ask for a User’s contact information, in the context of buying or selling Transactions outside of Services.
Users may be subject to a range of actions, including limits of your buying and selling privileges, restrictions on account features, suspension and/or deletion of your account, application of fees, and recovery of our expenses in policy monitoring and enforcement.
Third Party Services and Content
The Services and all rights therein are and shall remain the Company’s property or the property of the Company’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner the Company’s names, logos, product and service names, trademarks or services marks or those of the Company’s licensors.
3. Your Use of the Services
User Accounts, Affirmation, Conduct and Use
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). By registering as a user, you represent, warrant and agree that:
- You are 13 years of age or older or are a validly organized entity and are otherwise capable of entering into a legally binding contract; you are authorized to register as a user or are authorized to represent the person registering; and you are authorized to sign the registration form, whether on the behalf of yourself or the person for whom you are registering.
- All information included on your registration form is true, accurate and complete as of the date of your registration, and you shall take all necessary steps to ensure that the information remains true, accurate and complete.
- You are solely liable for all conduct, posts and other transmissions made under your account.
- You are solely responsible for verifying the identity, qualifications, credentials, biographic information, licenses and all other information you deem relevant of another user.
- Company is not a party to any Transaction; all Transactions are solely between you and the relevant user.
- Company cannot and does not influence in any way the quality, relevance, reliability or accuracy of any advice, information, review, content, post, given by another user and Company does not determine whether another User’ services are properly categorized or whether any information posted on the Services or any information transmitted on or through the Services is accurate, relevant or appropriate.
- You hereby grant to Company an unlimited, perpetual, royalty-free license to use, reproduce, edit, copy, transmit, distribute and create derivative works from, all information posted, transmitted or delivered on or through the Services by you.
- You shall take no action that might undermine, disrupt or manipulate the integrity of the Services’ users and rating system. Company also reserves the right to exclude from the Services, in its sole discretion and without any explanation, ratings that may compromise the integrity of the rating system.
- You agree not to misrepresent yourself or create a misleading name or listing on the Services.
- You will not engage in potentially fraudulent or suspicious activity and/or Transactions.
- You will not conduct your business or use the Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to the Company, other Users, third parties or you.
- You will not disclose or distribute another Users’ information to a third party, or use the information for marketing purposes unless you receive the Users’ express consent to do so.
- You will not provide or attempt to sell any product for which you don’t have full ownership or a right to sell and distribute, even if requested to do so by another user.
- You agree not to provide without proper licensure any legal or medical advice, or any other advice or information which may only be lawfully rendered or provided by a licensed professional in such field.
- You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities, or any report or analysis concerning securities.
- You will not transmit, upload, post, write or otherwise make available on or through the Services: (i) any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material; or (ii) any junk, spam, or any other objectionable posting.
- You will not behave on the Services in a way that is abusive towards other Users.
- You will not interfere with, disrupt, or attempt to interfere with or disrupt, any servers, networks or other equipment connected to or associated with the Site.
- You will comply with the Terms and any other agreement or instruction conveyed by Company to you in respect of your use of the Services.
- You will not violate, and you will not encourage the violation of, any law, statute, ordinance, rule, or regulation through your use of the Services.
- You will not transmit, upload, post or otherwise make available: (i) information that infringes upon the rights of a third party, including, but not limited to, intellectual property rights; (ii) third party advertisements of any kind; or (iii) software viruses or any malicious application or code.
- The Services can be used to facilitate the transfer of data between users. When accessing such transferred data, it is your responsibility to determine that it is free of viruses or other malware.
- You will not impersonate any person or entity or make false statements regarding your employment, agency or affiliation with any person or entity.
- You will not create different User accounts for any reasons whatsoever or try to have different accounts to circumvent an account that have been blocked or suspended.
- You shall not stalk, threaten or harass any User of the Services or infringe upon or attempt to infringe upon a User’s privacy.
- Company may, in its sole and absolute discretion, refuse to post, transmit or remove any User’s content or remove any Services content violating the Terms. Services users shall bear all risk associated with uploading and transmitting data to the Services, including any risk of reliance on such data’s accuracy, reliability or legality by a third party.
- There is no tolerance for objectionable content or abusive users.
You may not use the Services for activities that:
- Relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features, (j) ammunition, firearms, or certain firearm parts or accessories, (k) certain weapons or knives regulated under applicable law, (l) virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g. Bitcoin), (m) Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported, (n) Marijuana dispensaries and related businesses, (o) fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis; goods or services, the sale of which is illegal under applicable law in the jurisdictions to which your business is targeted or directed, (p) sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity, or (q) sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom).
- Relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.
- Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
- Airlines and scheduled or non-scheduled charters/jets/air taxi operators; collecting donations as a charity or non-profit organization; dealing in jewels, precious metals and stones; acting as a money transmitter or selling stored value cards; selling stocks, bonds, securities, options, futures (forex) or an investment interest in any entity or property; or providing escrow services.
- Selling alcoholic beverages, non-cigarette tobacco products, e-cigarettes or prescription drugs/devices.
- Selling spells, charms or to bewitch or any incantation similar to a magical formula intended to trigger a magical effect on a person or objects. The formula can be written, spoken, sung or chanted.
- Activities involving gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes, if the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
THERE IS NO TOLERANCE FOR OBJECTIONABLE CONTENT OR ABUSIVE USERS.
We encourage you to report violations of these Terms immediately. You can email us at firstname.lastname@example.org
By creating an Account, you agree that the Services may send a text message to the phone number you provided in the Account creation process, for purposes of confirming your ownership of this number. Under no circumstances will the Company use your number for marketing purposes or provide your number to a third party for such purposes.
User Provided Content
The Company may, in the Company’s sole discretion, permit you to submit, upload, publish or otherwise make available to the Company through the Services textual, audio, photographs, images, vectors, moving images, animations, films, videos, audiovisual works, documents, products, services, offers, deals, coupons, maps, localization, schedule, services, visual content, media together with any associated keywords, metadata and/or titles, visual information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property; however, by providing User Content to the Company, you grant the Company a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and the Company’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant the Company the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor the Company’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by the Company in its sole discretion, whether or not such material may be protected by law. The Company may, but shall not be obligated to, review, monitor, or remove User Content, at the Company’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data, phone plan and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. The Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
User Name and Password
When you create an Account, you will be asked to create a user name, password and phone number when registering with your email address. It is your responsibility to maintain the confidentiality of this information and all other security information relating to your account. You may only have one registered account on the Services, and you agree not to use the account of any other person. In addition, if you become aware of any unauthorized use of your account or of any other breach of your account’s security, you agree to notify Company promptly. You are responsible for all activities occurring on or through your account on the Services. You are encouraged by Company to change your password at least once every other month or whenever you suspect that your password has been compromised. Company disclaims all liability for any loss incurred by a user as a result of a third party using that user’s account, either with or without such user’s knowledge. You shall be solely responsible for any loss incurred by Company due to the unauthorized access of your account.
You can also decide to register with "Sign in with Apple" or through "Facebook login". Each of these services allow you to decide what information you want to share at the time or registration and which information is necessary to register. Carefully select and accept the options that are available to you.
Schedule and Calendar
Users may decide to add and share their schedule and calendar information on their Account in order to help other Users see their availability and schedule time with them. When you set your schedule information, you represent that all information included in the schedule form is true, accurate and complete, and you shall take all necessary steps to ensure that the information remains true, accurate and complete as your schedule changes. Users are solely responsible for all schedule and calendar appointments occurring through the Services.
By using the schedule and calendar functionalities as part of the Services, you acknowledge that The Company does not guarantee the attendance of Users at specific scheduled times and that re-scheduling, cancellations, no-shows, delays may occur which may lead to a loss of potential Transaction fees and/or an incapacity to provide or receive Services at the schedule time.
Artificial Intelligence and Machine Learning
The Services may offer features that enable Users to create and train a personal digital assistant to recommend or provide them with questions, messages and/or answers on their behalf. These questions, messages and/or answers are saved to their User’s Account for future use. Users can decide to enable or disable their personal digital assistant at anytime as well as set the privacy of these questions/answers and time validity. The Company may use artificial intelligence and/or machine learning to recommend or offer via the personal digital assistant features questions/answers and messages to other Users.
By using the personal digital assistant features as part of the Services, you acknowledge that The Company does not guarantee the quality or timing of the recommendations, the reliability of answers or the impact that these questions/answers, messages or information can have on a User’s account when questions/answers, messages are automatically provided, including on their Account, profile, ratings and/or Transactions.
4. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED "AS IS" AND, TO THE DEGREE PERMISSIBLE BY LAW, WITH NO WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. THE COMPANY DOES NOT EVALUATE OR GUARANTEE THE ACCURACY OR SUCCESS OF ANY ANSWERS, ADVICE, PRODUCT QUALITY, CONTENT, REVIEW, MATERIAL, PRODUCT AVAILABILITY OR TRANSACTIONS GIVEN THROUGH OR FOUND ON THE SERVICES BY ANOTHER USER OR OTHERWISE. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THE SERVICES PROVIDED OR VERIFY THAT SUCH SERVICES ARE FREE FROM BIAS, DEFECTS, ERRORS, EAVESDROPPING OR LISTENING. THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE QUALITY OF INFORMATION OR FOR THE AUTHENTICATION OF ANY INFORMATION OR OTHER SERVICES GIVEN BY USERS ON OR THROUGH THE SITE.
YOUR CONTINUED USE OF THE SERVICES SIGNALS YOUR ASSENT TO THE TERMS OF THIS DISCLAIMER. YOU AGREE THAT ANY USE YOU MAKE OF THE INFORMATION, ADVICE OR OTHER SERVICES OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK AND THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS RESULTING FROM ANY SUCH RELIANCE. BY RECEIVING HELP OR COMMUNICATING WITH ANOTHER USER ON THE SERVICE, BUYING AND/OR SELLING PRODUCTS, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR AND DOES NOT GUARANTEE ANY INFORMATION OR PRODUCTS THAT YOU DO OR DO NOT RECEIVE THROUGH THE SERVICES. YOU AGREE TO HOLD THE COMPANY HARMLESS FROM ANY AND ALL LOSS, INJURY, OR DAMAGES WHATSOEVER ARISING OUT OF OR RESULTING FROM YOUR SUBMISSION OF A QUESTION ON THE SITE OR YOUR USE OF, OR RELIANCE ON, ANY RESPONSE THERETO AS WELL AS YOUR PURCHASE OF PRODUCTS OR ANY OTHER OFFERINGS PURCHASED THROUGH THE SITE.
Reliance on Information
Users or other third parties may send you information through the Services, including financial, health information, reviews, ratings, posts, products, services, coupons, deals, pricing, media, content or other type of information. You understand that any such information is provided for informational and entertainment purposes only, and that you should not rely on such information without first verifying it.
In addition, the Services may include a platform which allows users to pose questions, call and communicate through a personal device which allows other users to take their time to answer those questions for a fee, which answers may or may not be generally viewable by other users. The Services may also include a platform which allows users to buy and/or sell products, arrange shipping, delivery or payments of products. COMPANY DOES NOT WARRANT THE VALIDITY, ACCURACY, QUALITY, VERACITY OR AVAILABILITY OF ANY CONTENT, PRODUCT, SERVICE OR THE ADVICE PROVIDED BY ANOTHER USER THROUGH SUCH A PLATFORM AND SHALL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY USERS DUE TO THEIR RELIANCE ON ANY SUCH INFORMATION OR ADVICE.
Information furnished by other users is intended only for entertainment or general informational purposes. Consulting with a user through the Services cannot take the place of an in-person meeting, and you are strongly encouraged to verify all information furnished by other users before paying for a product or a service. Any reliance on any information obtained through the Services is done at your sole risk.
Advice or content may or may not influence your decisions and/or behavior. You agree that by accessing the Services, you take full responsibility for any and all consequences acted upon in utilizing the information provided within our site.
The Company is not responsible for how information, content, suggestions, advice, and any other material are interpreted or applied. Please always use your better judgment. The Services may contain links to and frames of sites that are not maintained by the Company. The Company is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. The inclusion of such links and frames in the Services does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.
Disclaimer of Warranty
Company does not review, endorse, evaluate, warrant or guarantee any user’s qualifications, expertise or background or any opinion, advice, prediction, recommendation, information, product(s) or other service(s) provided by another user. Nothing contained in these Terms, on the Services, or otherwise provided by the Company shall be considered to be a referral, endorsement, verification, warranty or guarantee in respect of another user; the Services; any opinion, response, advice, prediction, recommendation, information, product(s) or other service(s) provided by any Users or otherwise made available on the Services; or the validity, accuracy, completeness, availability, safety, legality, quality or applicability of any content or anything otherwise said, written or otherwise communicated by another user or contained in or made available on the Services.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND ITS CONTENT ARE PROVIDED "AS IS", AND CONSEQUENTLY YOU SHALL NOT HAVE ANY CLAIM OR DEMAND AGAINST COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES OR AGENTS WITH RESPECT TO THE SERVICES OR ANY USER. THE USE OF THE SERVICES IS AT YOUR SOLE RISK. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF SECURITY, ACCURACY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT.
Company disclaims all representations and warranties related to information posted or transmitted by users. If you decide to rely on information provided by an user, it is recommended that you do so with great care. You shall not have any claim or demand against Company, its affiliates, or any of their officers, directors, shareholders, members, employees, or agents with respect to any product, service or advice you receive, use or rely on.
Company shall not be deemed to be the provider of any products, services or of any information acquired through the Services. The use and/or purchase of the Services is entirely at your sole risk. Company shall not be obligated to enforce any Transaction, including any fees owed by any party relating to or arising out of a Transaction. The User is solely responsible for his or her Transaction with a user and Transaction between Users are made directly between them. The Company is not party to Transaction between Users and does not control the funds transferred from one Users to another Users.
If there is a dispute relating to or arising out of a Transaction or other user’s interaction on or through the Services, you hereby relieve Company, its affiliates, their respective officers, directors, shareholders, members, employees and agents from all actions, claims and demands and from any and all damages (including incidental and consequential damages), loss, costs or expenses, including, without limitation, attorneys' fees, which you may have against such parties.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT COMPANY, ITS AFFILIATES, AND ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). YOU FURTHER UNDERSTAND AND AGREE THAT (1) COMPANY, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES AND AGENTS' TOTAL LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS AND ANY AND ALL USE OF THE SITE WILL NOT EXCEED THE LESSER OF (A) THE AMOUNT OF MONEY PAID BY YOU TO OTHER USERS THROUGH THE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE ON WHICH THE CLAIM AROSE AND (B) $100; AND (2) COMPANY DISCLAIMS ALL LIABILITY IN RESPECT OF ANY CLAIM, SUIT OR ACTION BROUGHT BY A USER IN CONNECTION WITH A PAYMENT MADE ON THE SERVICES TO ANOTHER USER, AND YOU AGREE TO INDEMNIFY, DEFEND AND HOLD COMPANY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THESE FOREGOING LIMITATIONS AND EXCLUSIONS SHALL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, TORT OR OTHERWISE AND WITHOUT REGARD TO THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.
This section shall survive termination or expiration of the Terms.
The Services are not HIPAA compliant and have not been determined to be HIPAA compliant. By using the Services, you acknowledge that you are aware of this information and also agree to not use the Services in a way that would interfere with the regulations set in the Health Insurance Portability and Accountability Act. You also acknowledge and agree to let other Users who contact you through the Services know that the information they share with you, is not regulated by the provisions of the Health Insurance Portability and Accountability Act and that the transfer of information should be limited only to what is permissible under the provisions of the Health Insurance Portability and Accountability Act.
Subscriptions & Auto-Recharge
In conjunction with the Service Fees, the Company may invite and/or recommend User to access and/or enable additional functionalities through a monthly/annual Subscription and/or the Auto-Recharge functionality. By enabling the Subscription and/or Auto-Recharge functionality, you accept to have monthly/annual payments taken from your account and/or additional funds added to your account credit balance for future use. Some Services available on the platform may require User to activate the Subscription and/or Auto-Recharge functionality and may be billed through third-parties such as iTunesor Google Play.
The company may offer different subscriptions over time. Those options will be displayed in the Services.
Funds or Transactions made using the Subscription and/or Auto-Recharge functionalities are non-refundable, except when required by law.
The Company may decide to refund part or the integrality of a User’s subscription or credit balance to the method of payment used in its sole discretion and if that payment was directly charged by the Company and not a third-party. All subscriptions might not be available on all platforms.
In the event the Company elects to operate a referral program and you participate in it, you shall be subject to any terms and conditions relating to the referral program.
The Services may contain links or content related to third-party websites, products or services (“Third-Party Content”). Company does not control such Third-Party Content, or any information provided or transmitted thereon or otherwise provided by a third party. The User acknowledges and agrees that Company is not responsible or liable for any Third-Party Content or the business practices or privacy practices related thereto. The User warrants and agrees that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Content. User should be aware of when he or she leaves the Services and should review the privacy practices related to all Third-Party Content.
Modifications and Termination of Services
Company reserves the right to modify or discontinue the Services, with or without notice to you. You agree that Company shall not be liable to you or any third party for any such modification or discontinuance, or for any damages that may result to you or a third party from any discontinuation or interruption.
The Services depend on the software, hardware and communications networks of Company and its contractors and suppliers. Company cannot and does not guarantee that the Services will be uninterrupted or that they will be timely, secure or free from error.
Company, in its sole and absolute discretion, may terminate a user's ability to utilize the Services and prevent a user from using or accessing the Site.
Termination of Use
Company may block, restrict, disable, suspend or terminate your access to all or part of the Services at any time in Company's discretion, without prior notice or liability to you. Any conduct by you that, in Company’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Services is strictly prohibited and may result in the termination of your access to the Services without further notice. Your account will also be deleted in case of wrongful behaviors.
5. Intellectual Property
The Services contains various copyrighted material, trade secrets and proprietary information owned or licensed by Company. The Terms do not grant to you any right to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Site or any material or information appearing on the Services offered by Company (“Intellectual Property”). You may not create any derivative work or technology based upon any Intellectual Property associated with the Services or the Company. Further, you may not sub-license, assign, transfer, sell or make any other commercial use of your Services membership.
You may not adapt or use any Intellectual Property similar to or likely to be confused with those of Company or its licensors, or take any other action that infringes upon or impairs the Company's Intellectual Property rights.
The Company or its licensors solely own all of the Intellectual Property. Additionally, except as otherwise set forth or provided in the Terms, Company or its suppliers retain all ownership rights in and to all content displayed on the Site, including all data transferred or received by a person through the Site. This section shall survive the expiration or termination of the Terms.
Permitted and Required Disclosures
Company may disclose user information including, but not limited to, personal information, transcripts, surveys, and recordings, if Company reasonably believes that disclosure is required by law (such as a court order, subpoena, search warrant, etc. or other legal requirement of any governmental authority); would potentially mitigate Company's liability to a third party; is necessary or appropriate to protect Company’s rights or property, or the rights or property of any other person or entity; is necessary to enforce the Terms (including, but not limited to ensuring payment of Transaction fees); or is required or necessary to deter illegal or fraudulent behavior.
The Company respects the intellectual property of others, and the Company requires that its users do as well. It is the Company’s policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. The Company will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, the Company may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. The Company may terminate access for users of the Services who are infringers.
Notifying Spacelens of Copyright Infringement
To provide notice of an infringement to the Company, you must provide a written communication to the attention of “Site: DMCA Notification Dept.” at email@example.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. In order to review a claim of copyright infringement, the Company needs the following information from you:
- an electronic or physical signature of the person 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 claim has been infringed;
- a detailed description of where the material that you claim is infringing is located or found on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If the Company removes or disables access to content in response to an infringement notice, it may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide the Company with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at firstname.lastname@example.org that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
7. Dispute Resolution
You shall defend, indemnify and hold Company, its affiliates and their officers, directors, shareholders, members, employees, consultants, representatives and agents (collectively, the "Indemnified Parties") harmless from any and all loss, damages (including consequential damages), suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party relating to (1) any breach of any representation, warranty, covenant or agreement made or to be performed by you according to the Terms; (2) your refusal to pay for Services; (3) any content you submit, post or transmit through the Services or that you otherwise provide; (4) your use of the Services; and (5) your participation in a Company referral program. This section shall survive expiration or termination of this Agreement.
Arbitration; Exclusive Forum
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") shall be settled by binding arbitration between you and the Company in Los Angeles, California, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. You hereby irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or proceeding in Los Angeles, California, irrevocably submit to jurisdiction in Los Angeles, California and irrevocably waive and agree not to plead or claim in any such suit, action or proceeding that such suit, action or proceeding has been brought in an inconvenient forum. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and the Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. The Company will not seek, and hereby waives all rights. The Company may have under applicable law to recover, attorneys' fees and expenses if the Company prevail in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, the Company will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the modification-related provisions above, if the Company changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing the Company written notice of such rejection by mail or hand delivery to: Instantgo, Inc. Attn: Dispute Resolutions, 5620 Washington Boulevard, Los Angeles, CA 90016, or by email from the email address associated with your Account to: email@example.com, within thirty (30) days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
6. Other Provisions
Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of law principles, except as may otherwise be specifically provided in supplemental terms applicable to your region.
Claims of Copyright Infringement
Claims of copyright infringement should be sent to the Company’s designated agent. Please visit Spacelens' help page at help.spacelens.com to submit your claims.
The Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to the Company, with such notice deemed given when received by the Company, at any time by first class mail or pre-paid post to Instantgo Inc., Attn: User Notices – 5620 Washington Boulevard, Los Angeles, CA 90016.
You may not assign these Terms without the Company’s prior written approval. The Company may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of the Company’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, the Company or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The Company’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. Nothing in the Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The Terms shall be binding upon and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. The Terms (and the policies referenced herein and incorporated herein by reference) constitute the entire agreement between you and Company with respect to the subject matter hereof, and you agree that you have not relied upon any promises or representations by Company with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States are not permitted to use or access the Site. No amendment to these Terms shall be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.