End User License Agreement
Please be sure to read this Agreement carefully, especially the disclaimers and limitations of our liability, since your use as a registered User of this site constitutes your acceptance of, and agreement with, the terms and conditions set out in this Agreement. In this Agreement, the term “User” refers to both a registered user and a visitor. This Agreement sets forth the legally binding terms for your use of the Services only. Your use of a third party website, third party services and third party Content (defined below) will be governed by such third party website’s terms of service, which are incorporated herein by reference.
Access to Services
Through the Services, we agree to provide you, the User, with access to content and other on-line information and services. You agree to use these services at all times in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. As a registered User, you will have the ability to participate in some or all of the features and services available within the Services. From time to time, the Company may remove the profiles of non-subscribers. You acknowledge that Company reserves the right to charge for the Services and to change its fees from time to time at its discretion.
In order to access and use the features of the Service, you acknowledge and agree that you will have to provide Tech Provider with your mobile phone number, names, telephone numbers, and other contact data contained on your mobile phone within the “Contacts” or similar collection of information section on your mobile device or related storage. You expressly acknowledge and agree that in order to provide the Service, Tech Provider may periodically access your contact list and/or address book on your mobile device to find and keep track of mobile phone numbers and other contact information of other users of the Service. When providing your mobile phone number, you must provide accurate and complete information. You hereby give your express consent to Tech Provider to access your contact list and/or address book for mobile phone numbers, and email addresses in order to provide and use the Service. You are solely responsible for the communication, content and messages that you send and that are displayed for your mobile phone number on the Tech Provider’s Service. You must notify Tech Provider immediately of any breach of security or unauthorized use of your mobile phone. Although Tech Provider will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Tech Provider or others due to such unauthorized use.
You must be 18 years of age to use the Services. When creating an account, your login name cannot be vulgar or otherwise offensive, or be used in any way that violates this Agreement. By accepting this Agreement you agree not to provide false information during the registration process. You are solely responsible for all activity on your account and for the security of your mobile device and computer system. You are solely responsible for all activity on your third party account and for the security of your mobile device and computer system. The Company will not ask you to reveal your password via email at any time, please disregard any contact you may receive via email requesting this or any other personal information on your account. You agree not to disclose your Services password or any third party website password to other Users. You agree to notify the Company immediately if you suspect any unauthorized use of your account with third-party websites or access to your password. You are solely responsible for any and all use of your Services account.
This Agreement shall remain in full force and effect while you use the Services. The Company may suspend your use and access of the Services at any time, without warning. Even after your use and access is suspended, this Agreement will remain in effect. If the Company or third party licensee terminates your subscription because you have breached this Agreement or for any reason, you will not be entitled to any refund of unused subscription fees or credits, if any.
The Company reserves the right and may modify this Agreement from time to time and such modification shall be effective upon posting by the Company on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not wish such changes to apply automatically, then you must review this Agreement each time before entry, and refrain from entering if you see new or different terms that you do not accept.
As a user of the Services, you are required to refrain from illegal acts and acts which are offensive to others, and to respect all property rights of the contributors to the Services, as well as other content providers and authors. Offensive or inappropriate behavior, violation of copyrights, illegal activity or use of indecent language may cause the Company, at its sole discretion, to suspend or deny access to the Services by User.
If you violate this Agreement, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. By accepting this Agreement you acknowledge that the Company is not required to provide you notice before terminating your account, but it may choose to do so.
Intellectual Property Ownership
All copyrights and other intellectual property rights in the artwork, graphics, text, video and audio clips, trademarks, logos and other content available on the Services (“Content”) are owned by the Company or used with permission. The Website and the Services are owned exclusively by the Company or the Company’s third party licensees and you will not gain any right, title or ownership in the Website or Services by virtue of your use of the Website or Services or by the submission of Content. By submitting Content to the Website or the Services, you grant a world-wide, perpetual, irrevocable, non-exclusive, royalty free license to the Company for the use of the Content you submit without restriction or limitation. When using our Services you may have the ability to access third party Content from third party websites. Any use of third party Content on our Website in connection with our Services is subject to any licenses or other ownership rights as provided by that third party website. You, and not the Company, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. The Company does not review or control the User Generated Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You may not copy or incorporate any part of the Services including any part of the Content available on the Website into any other work, including your own website, or use the Content in any other public or commercial manner. That means you may not post or redistribute any portion of our Website or Services unless you have a license from us to do so. That also means that the Company retains full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble, attempt to extract the source code, or otherwise convert to another form the Website, the Services or the Content.
You may not remove or change any of the notices regarding copyright, trademarks or other marks that may accompany the Content. You may link to the home page of our site, but may not use our Content in your own site. You may not deep link (i.e., link to any page other than the home page) to our site without our specific written permission.
Unless otherwise specified, all trademarks used on within the Services (not including User Generated Content) are the property of the Company or our business partners.
User Generated Content
The Company encourages contributions to the Website and Services. Reviews, comments, postings, advice and recommendations (collectively “User Generated Content”) are information provided by you or other users of the Service through the features available on this Service. You are solely responsible for any User Generated Content produced or provided by you. All User Generated Content provided by you should be truthful and accurate and you hereby agree not to provide any information that you know or reasonably should know to be false or materially misleading, or that is libelous, defamatory, obscene, or that invades another person’s privacy, infringes the intellectual property rights of another or violates any law or regulation. The Company is not responsible for and does not endorse statements, comments and other postings contained in third party or User Generated Content. Any reliance by you on such information shall be at your sole risk.
By providing User Generated Content to the Company you grant the Company a worldwide, perpetual, fully transferable, royalty free, non-exclusive license to use such content in association with the provision of its Services and the Website and for any other commercial purpose in the Company’s sole discretion. Any and all information provided by you to the Company whether by the Website, the Services, through User Generated Content or through a communication with the Company, via letter, email, telephone, fax or any other means shall be considered non-confidential and you hereby you grant the Company a worldwide, perpetual, fully transferable, royalty free, non-exclusive license to use such content in association with the provision of its Services and the Website and for any other commercial purpose in the Company’s sole and absolute discretion.
The Company reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
You may not engage in any activities through the Website or Services which are unlawful, offensive, abusive, violate the rights of third parties, or inhibit other Users from using and enjoying this Website and Services. You may not monitor or copy Content on the Website or the Services, by using any robot, “bot,” spider, crawler or other automatic device or manual process, without our written permission, or engage in any activity which interferes with the proper working of the Website and Services. You agree to indemnify, defend and hold harmless the Company, third party licensees, and its subsidiaries, affiliates, officers, managers, members and employees from any damages, liabilities and expenses (including actual attorneys’ fees, costs and expenses) arising from any third party claims resulting from, or arising out of, your use of the Website and Services. We reserve the right to terminate your access to the Website and Services at any time, without notice, for any reason or no reason whatsoever.
You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, 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. You acknowledge that the Company does not pre-screen Content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to screen, monitor, edit, refuse, move or delete any Content that is available via the Services. Without limiting the foregoing, the Company and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable in the Company’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Company, third party licensee, or another User, or submitted to the Company or submitted by another User. You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Company, its Users and the public.
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand and give the Company permission to push messages to Your device (iOS, Android, Windows, Mac) and on behalf of third parties; and permission to send You text or e-mail messages to the Your device and on behalf of third parties; and permission to track Your location while using the Services.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in the Company’s sole discretion as to what action should be taken including but not limited to removing the Content.
Access to Third Party Services and API
Through the Services, Users may have the ability to access third party content at third party websites, which means that you have granted the Company authorization to access one or more accounts with third party website service providers through an application programming interface (“API”). When you access these third party sites through an API, you do so at your own risk. It is your responsibility to review any such Content and Terms and Conditions. The Company takes no responsibility for reliability, accuracy or the activities of any User that uses third party API or content.
Although the Services may refer to products or services of third parties or link to third party sites or information, we do not endorse or make any warranties or representations about them. Any links to other sites are provided for your convenience only. When you access these third party sites, you do so at your own risk. The Company takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its third party licensees or advertisers.
Use of the Services
User acknowledges that there is no special legal or business relationship between User and the Company Accordingly, NEITHER THE COMPANY NOR ANY OF ITS WORLDWIDE AFFILIATES OR LICENSEES, NOR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE CONTENT ON THIS SITE IS LIABLE FOR ANY DAMAGES RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, COMPUTER VIRUS, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE OR CONTENT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO:
* DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY;
* DAMAGES THAT DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM SOME OF THE CONSEQUENCES OR RESULTS OF SUCH ACTION (CONSEQUENTIAL DAMAGES); AND
* OTHER MISCELLANEOUS DAMAGES AND EXPENSES, SUCH AS INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.
WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS CONTAINED IN THE SEVICES, THE OPERATIONS OF THIS SITE AND ALL CONTENT ON THIS SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THIS WEBSITE, THE INFORMATION CONTAINED IN IT OR OUR EFFORTS WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ARE SOLEY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT THE COMPANY DOES NOT IN ANY WAY SCREEN ITS USERS, NOR DOES THE COMPANY INQUIRE INTO OR VALIDATE THE BACKGROUNDS OF ITS USERS OR THE STATEMENTS MADE BY USERS OR LICENSEES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR QUALITY OR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
While we reserve the right to remove any postings or any other information that we feel may be offensive or otherwise objectionable, we are not responsible for any material posted by any User or for any information whatsoever contained in any linked sites. YOU AGREE THAT THE COMPANY AND ITS WORLDWIDE AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONDUCT OF ANY OTHER VISITOR OR USER TO THIS SITE OR ANY OTHER THIRD PARTY.
Users who encounter questionable materials or non-functioning locations or features, are encouraged to contact the Company via electronic mail at firstname.lastname@example.org
This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement or relating to use of the Website, the Services and the Content shall be resolved in a Florida court and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, City of Jacksonville.
If any provision of this Agreement is found to be void, unlawful or unenforceable for any reason, that portion shall be deemed severed from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions. The Company enters into this Agreement on its own behalf and on behalf of each of its worldwide affiliates. Accordingly, the Company holds the benefit of and may enforce this Agreement on behalf of those affiliates. The Company reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement.
All rights not expressly granted herein are reserved to NOW TECHNOLOGIES/MEMBERTEK, LLC.