These terms of service (the "Terms") govern your use of this application and associated services (collectively, the "Services") offered by the Company identified below ("Company" or "We"). If you do not agree to all of these terms, please do not use the Services. By accessing or using our Services, you agree to these terms.
You may use the Services only for your personal, non-commercial use. You may not use the Services for any revenue generating endeavor, commercial enterprise, or any other purpose (legal or illegal).
Systematic retrieval of data or contents from the Services to compile a database or directory is prohibited. You may not access or scrape the Services by any automated means (unless you are a search engine crawling the Services for the sole purpose of creating a publicly accessible search index).
Don’t misuse our Services such as using or launching any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" that accesses the Services in a manner that sends more search requests in a given period of time. You may not copy, reproduce or distribute any aspect of our Services, including without limitation, its content, logos, design, and arrangement, except as permitted by the Services (such as the share function to share Third Party Content). You may not reverse engineer or create derivative works of any portion of the Services.
You may not take any action that imposes or may impose an unreasonable or disproportionately large load or excessive traffic demands on the Services.
Do not attempt to gain unauthorized access to our computer systems or networks associated with the Services or use the Services to transmit any computer virus, worms, or other items of a destructive nature. Do not bypass any technical protections or throttling that we institute.
Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
You will indemnify, defend, and hold harmless Company, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the "Covered Entities") against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) ("Liabilities") incurred by Covered Entities arising out of or relating to the Services and any failure to comply with this Agreement. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of such claim.
WE PROVIDE THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AND WITHOUT LIMITING THE FOREGOING, COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT ANY DEFECTS WILL BE CORRECTED. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT WHATSOEVER SHALL COMPANY, ITS AFFILIATES, OR SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF WHETHER A PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES, COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES PAID BY YOU TO COMPANY IN THE SIX MONTHS PRIOR TO THE DATE THE CLAIM IS ASSERTED FOR ANY SERVICES OR FEATURE OF THE SERVICES RELEVANT TO THE CLAIM, OR (2) US$100.00.
We do not want to receive information that is confidential or proprietary. If you send us suggestions, content or ideas of any kind, including potential improvements to the Services, we may use such suggestions, content and/or ideas for all purposes, with no compensation or attribution to you.
You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services.
The Agreement is the entire agreement between you and Company and it replaces any other agreement between us on this subject. This Agreement will not be construed against either party as the drafter. These Terms are governed by California law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Services shall be the courts of Los Angeles County, California, except for any optional arbitration as described herein. Excluding claims for equitable relief, if the total amount in dispute is less than $5,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction. Any claims (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding. This agreement does not allow class of collective arbitrations even if the arbitration procedures or rules would. The arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. If any part of the Agreement is invalid, illegal or unenforceable, that condition will not affect any other provision of the Agreement. Ask Up, LLC. You may contact us at email@example.com.
Dated: March 2019