Last revised July, 2016
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access, copy, or otherwise mine data on the Services, deep-link to any feature or Content on the Services, or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity being conducted on the Services.
In the event access to the Services or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Company, or created by you in accordance with Company requirements. You agree to: (i) provide true, accurate, current, and complete information when registering to use the Services and establishing your account (“Registration Information”), and (ii) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Company may suspend or terminate your account.
Certain location-enabled functionality made available in the Services is provided by Google Inc., Apple Inc., and other third party providers. Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time): http://www.google.com/intl/en-US_US/help/terms_maps.html and https://www.apple.com/legal/internet-services/maps/terms-en.html. You must exercise your own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties of any kind.
All questions and requests relating to support of the Services, including the Application, must be directed to Company. The Third Parties, as defined below, are not responsible for providing support for the Services or Application and may not be contacted for support. We may change or remove functionality and other features of the Services at any time, without notice.
Company will have no liability for errors, unreliable operation, or other issues resulting from use of the Services on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Services on Modified Devices will be at your sole and exclusive risk and liability.
Although Company attempts to ensure the integrity and accuracy of the Services, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Services and Content thereon. It is possible that the Services and Content could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Services or Content by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Company reserves the right to unilaterally correct any inaccuracies on the Services without notice. Information contained on the Services may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Services from any non-Company third party, including other users of the Services.
In the event a product or service is listed within the Services at an incorrect price due to typographical error or error in pricing information received from our suppliers, licensors, or other third parties, including other users of the Services, we shall have the right to refuse or cancel any orders placed for the applicable product or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
You can purchase products and/or services on the Services. We accept credit and debit cards issued by U.S. banks or may refer you to a third party processor, such as PayPal. If a credit card account is being used for a transaction, Company may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we or our credit card processor verifies your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Company may make in-app purchases available through the Application. You may elect to purchase additional features or functionality for the Application through such in-app purchases. You agree to pay all fees associated with purchases made through the Application. All such fees are non-refundable, non-cancellable.
You acknowledge that the products, services, and Content, which may be sold or licensed on or through the Services, and which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading, or using technology or software from the Services, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products or services, you agree that you will not use any products or services, or provide products or services to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury. U.S. anti-boycott regulations, or U.S. economic sanctions, including the export and anti-boycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Company from all claims, demands, damages, costs, fines, penalties, attorneys’ fees, and all other expenses arising from your failure to comply with this provision and/or applicable export control, anti-boycott, or economic sanctions laws and regulations.
Company makes no representations whatsoever about any other services, applications, or websites that you may access through the Services. When you access a third party service, application, or websites, please understand that it is independent from Company, and that Company has no control over the content on that service, application, or website. In addition, a link to a non-Company service, application, or website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked services, application, or website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party services, applications, or websites linked to the Services, you do this entirely at your own risk.
In some cases, you will not receive a separate notice when the Services connects to other services. Using the Services constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those services. Your use of those services may be governed by additional terms and conditions. Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any. You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user’s use of those services or the wireless network through which they are accessed. You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means.
If you submit, upload, stream, or post any comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Services (“User Generated Content”), you agree not to provide any User Generated Content that (i) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (ii) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or other intellectual property rights of any person or entity, or (iii) contains or transmits a virus or any other harmful component. You agree not to contact other users or the Service through unsolicited e-mail, telephone calls, mailings, or any other method of communication. You represent and warrant to Company that you have the legal right and authorization to provide all User Generated Content to Company for the purposes and Company’s use as set forth herein. Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content however Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User Generated Content, and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Company is and shall be under no obligation (a) to maintain any User Generated Content in confidence, (b) to pay to you any compensation for any User Generated Content, or (c) to respond to any User Generated Content.
Company does not regularly review or monitor User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted or created through the Services. You grant Company the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify, and hold Company harmless from and against all third party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of any User Generated Content you submit, upload, stream, or post or allow to be submitted, uploaded, streamed, or posted to the Services.
We disclaim any responsibility or liability for copyrighted materials posted on our Services. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on the Services
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Services by sending us a notice (“Notice”) complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Services where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
P.O. Box 5984
Atlanta, GA 31107
You may provide suggestions, comments, or other feedback (collectively, “Feedback”) regarding the Services or any other of our products and services. Feedback is voluntary. We may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant us an irrevocable, world-wide, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with our business, including the enhancement of the Services and the provision of any products and services to our customers.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
COMPANY AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT OPERATIONS OF, ACCESS TO, OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF THE SERVICES OR OF THE INFORMATION OBTAINED THROUGH THE SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, INCLUDING SERVICE-RELATED PRODUCTS AND SERVICES, LINKED SERVICES, WEBSITES, OR APPLICATIONS, AND INTERACTIONS AND COMMUNICATIONS WITH OTHER USERS OF THE SERVICES. COMPANY HAS NO CONTROL OVER THE QUALITY OF THE THIRD PARTY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES, INCLUDING THOSE FROM OTHER USERS OF THE SERVICES. COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE SERVICES. COMPANY DOES NOT WARRANT THAT FILES OR OTHER MATERIAL AVAILABLE FOR DOWNLOAD OR ACCESSIBLE THROUGH THE SERVICES WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE OR OFFENSIVE PROGRAMMING OR CONTENT. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR SECURITY AND DATA BACK UP.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS SUPPLIERS AND LICENSORS BE RESPONSIBLE TO YOU OR ANY THIRD PARTY, NOR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST DATA, AND BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE SERVICES, ANY LINKED SERVICES, APPLICATIONS, OR WEBSITES, AND/OR ANY COMMUNICATIONS OR OTHER INTERACTIONS BETWEEN YOU AND OTHER USERS OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY AND ITS SUPPLIERS AND LICENSORS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) WITH RESPECT TO YOUR USE OF THE SERVICES IS $500 (FIVE HUNDRED DOLLARS).
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.
You may contact us by email at email@example.com, call us at (914) 382-2421 or contact us by US postal mail at the following address:
P.O. Box 5984
Atlanta, GA 31107