We may amend this Agreement from time to time. Our amendments become effective upon us posting the amended Agreement at this location. Continued use of our services after such posting constitutes your consent to such amendments. Aside from posting such amendments at this location, we do not have any other duty to notify you of such amendments. Unless our amendment makes material changes to the arbitration terms, you agree that the amendments do not create a renewed opportunity for you to out of arbitration.
Only persons who can form legally binding contracts may use our Services. Among other things, this means that we do not offer our Services to minors (i.e. persons under the age of 18). By using our Services, you represent to us that you are at least 18 years old and that you have the capacity to enter into this Agreement.
By using our Services, you hereby agree to receive communication from us. We may contact you by email or push notifications. The emails and push notification messages that we send you may be generated by automated systems. Among other things, we may contact you about: (1) any issues relating to your account; (2) updates concerning new and existing features of our Services; (3) promotions run by us or our third- party partners; and (4) news regarding us.
At any time for any reason, we may immediately: (1) terminate this Agreement; (2) stop offering our services to you; and (3) deny you from accessing our Services. If we stop offering our services to you or deny you from accessing our Services, all the terms of this Agreement will survive and you will still be bound by the terms
When using our Services, you agree that you will not engage in the following conduct or other similar conduct: a. Violate any law, statute, rule, permit, ordinance, or regulation; b. Stalk, threaten, or otherwise harass any person; c. Interfere or otherwise disrupt our Services; d. Use our Services in any manner that infringes on another party's rights including copyright, patent, trademark, trade secret, other proprietary rights, publicity rights, or privacy rights; e. “Frame” or “mirror” any part of our Services without our prior written consent; f. Use meta tags, codes, or other devices containing any reference to us or our Services for the purposes of directing another person to any other website or services; g. Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services; h. Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or i. Cause another person to engage in the restricted activities above.
We provide our Services for personal use only. You may not use our Services for any commercial purposes (e.g. advertising or soliciting products/services that we do not offer).
We own all the intellectual property rights in our Services. Among other things, these rights include database rights, copyright, design rights, trademarks, and other similar rights wherever they may exist in the world. You acknowledge and agree that any questions, comments, suggestions, feedback, or other ideas from you to us (“Submissions”) are non-confidential and becomes our sole property. Upon us receiving the Submission, we become the sole owner of the exclusive rights — including all intellectual property rights — related to the Submission. This includes our unrestricted right to use and dissemination the Submissions for any purpose — commercial or otherwise — without acknowledgment or compensation to you.
We provide all of our Services on an “as is” basis without any express, implied, or statutory warranty. We do not guarantee or do not promised any specific results to you from you using our Services. We disclaim all implied warranties of title, merchantability, fitness for a particular purposes, and non-infringements.
This section only applies to you if you acquired our Services using the Apple App Store. Please note that this Agreement is entered into between you and us. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the our Services. We — not Apple — is solely responsible for our services and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement , for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will control.
a. Definitions. “Loss” means an amount or amounts that you or we are legally responsible for or pays in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim (including fees for legal counsel, expert witnesses, and other advisors). A Loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A Loss is caused by an event if the Loss would not have occurred without the event, even if the event is not a proximate cause of the loss. b. Indemnification. You must indemnify us for any Loss that we incurred because of an act — arising out of this Agreement or the subject matter of this Agreement — that: (1) you took or fail to take; or (2) we took or fail to take. Among other things, this means that you must pay us for any Loss that we incurred. The only exception to this duty is if the Loss is caused by our gross negligence or intentional misconduct. Unless you request in writing to have control over defending a claim for Loss, we will have control over defending the claim (including settling the claim). If you request control, you may not settle any claims without our permission in writing signed by us. If you request control, we may retain our own legal counsel at our expense. You and we must cooperate with each other in good faith on a claim. Our rights under this Section do not affect any other rights that we may have.
IN NO EVENT WILL WE — INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS — BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES. AMONG OTHER THINGS, SUCH DAMAGES INCLUDES DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
As explained in the introductory paragraph, by agreeing to this Agreement, you agree that you are required to resolve any claim that you have against us by using binding, final arbitration on an individual basis. This will preclude you from suing us or bringing a claim against us in court. Likewise, it will preclude you from bringing or joining any class-action lawsuit (or any similar kind of collective, representative action) against us. It also precludes you from participating or recovering relief under any current or future class-action lawsuit (or any similar kind of collective, representative action) against us by someone else. a. You hereby agree that you will resolve all claim against us arising out of or relating to this Agreement or the subject matter of this agreement by using binding, final arbitration on an individual basis. b. You hereby EXPRESSLY GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us. c. You hereby EXPRESSLY GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION (OR ANY SIMILAR KIND OF COLLECTIVE, REPRESENTATIVE ACTION) against us. d. The American Arbitration Association (“AAA”) will administer the arbitration using the Commercial Arbitration Rules. e. In an arbitration, your rights are determined by an arbitrator instead of a judge or a jury. The arbitrator can grant any relief that a court may grant. You should note that — as a general rule — arbitration proceedings are simpler and more streamlined than trials or other judicial proceedings. The decision by the arbitrator is final/binding and also enforceable in any court of valid jurisdiction. f. The arbitration must take place in Luzerne County, Pennsylvania. g. Pennsylvania law governs all matters arising out of this Agreement or the subject matter of this Agreement without regard to any choice-of-law rules. h. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings. i. The arbitrator may not award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. j. The arbitrator may not award consequential damages in any arbitration initiated under this section. k. Any award in an arbitration initiated under this clause must limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. l. Each party must bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. m. Except as may be required by law, neither you, we, nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
In the event that the above section relating to arbitration is held for any reason to be unenforceable, you hereby agree that: a. Pennsylvania law governs all matters arising out of this Agreement or the subject matter of this Agreement without regard to any choice-of-law rules. b. That you must litigate all disputes related to or arising out of the subject matter of this Agreement in the Court of Common Pleas of Luzerne County or the Middle District Court of Pennsylvania.
If you breach this Agreement, we may bring an action to recover all available damages including costs and reasonable attorney’s fees.
If any part of this Agreement is unenforceable to any extent for any reason, the rest of the Agreement will remain fully enforceable
We may assign this Agreement to any person or entity at any time. We do not need your consent to do so. You may not assign this Agreement to another person or entity without our written, signed consent. Any of your attempts to assign this Agreement to another party is automatically void and ineffective.
This Agreement constitutes the entire agreement between you and us relating to the subject matter of this Agreement. This Agreement supersedes any other oral or written agreements that we had with you.