Last Modified: September 2023
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com
The Company name, the terms Uptrends.ai or Babbl Labs, Inc., and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
No part of the Website may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
By using the Website, you are consenting to have your personal data transferred to and processed by us and our affiliates. As part of providing you the Website, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Website, which you may not be able to opt-out from receiving.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Information on the Website, including User Contributions, is derived from various sources. Although every effort is made to ensure accuracy, it cannot be guaranteed. We cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
We provide sentiment analysis and do not make recommendations or offer investment advice of any kind. The content is for educational purposes only. We encourage you to seek advice from a qualified financial adviser before making investments or financial decisions. We encourage you to verify that any data is accurate by analyzing a company's SEC filings before making investing decisions.
You are solely responsible for evaluating the merits and risks associated with the use of any content provided through the Website before making any decisions based on such content. You agree not to hold us or any third-party provider liable for any possible claim for damages arising from any decision you make based on the content or other information made available to you through the Website or any third-party provider websites. Past performance data should not be construed as indicative of future results.
Content posted on the Website is published as of its stated date or, if no date is stated, the date of first posting. Neither Babbl nor the third-party providers have undertaken any duty to update any such information.
We do not prepare, edit, or endorse third party content. We do not guarantee the accuracy, timeliness, completeness or usefulness of third party content, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites.
You will not hold us and/or any third-party provider liable in any way for:
(a) any inaccuracy of, error or delay in, or omission of the content; and
(b) any loss or damage arising from or occasioned by:
i) any error or delay in the transmission of such content;
ii) interruption in any such Content due either to any negligent act or omission by any party to any "force majeure" (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction);
iii) to any other cause beyond the reasonable control of Babbl and/or third-party provider; and
If you notice any inaccuracies or discrepancies in any data, please send us a message via firstname.lastname@example.org.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Minnesota in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This website is operated by Babbl Labs, Inc. DBA Uptrends.ai, 113 5th Avenue S, Saint Cloud, MN, 56301
All notices of copyright infringement claims should be sent to email@example.com in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org
Effective date: 11/16/23
Welcome to Babbl Labs Inc. DBA Uptrends.ai
Babbl Labs Inc. DBA Uptrends.ai (“us”, “we”, or “our”) operates app.uptrends.ai (hereinafter referred to as “Service”).
SERVICE means the app.uptrends.ai website operated by Babbl Labs Inc. DBA Uptrends.ai.
PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
COOKIES are small files stored on your device (computer or mobile device).
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
DATA SUBJECT is any living individual who is the subject of Personal Data.
THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
We collect several different types of information for various purposes to provide and improve our Service to you.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
Tracking Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
Session Cookies: We use Session Cookies to operate our Service.
Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
Security Cookies: We use Security Cookies for security purposes.
Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
Use of Data
Babbl Labs Inc. DBA Uptrends.ai uses the collected data for various purposes:
to provide and maintain our Service;
to notify you about changes to our Service;
to allow you to participate in interactive features of our Service when you choose to do so;
to provide customer support;
to gather analysis or valuable information so that we can improve our Service;
to monitor the usage of our Service;
to detect, prevent and address technical issues;
to fulfill any other purpose for which you provide it;
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
in any other way we may describe when you provide the information;
for any other purpose with your consent.
Retention of Data
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure of Data
We may disclose personal information that we collect, or you provide:
Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
Other cases. We may disclose your information also:
to our subsidiaries and affiliates;
Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR. – See more at https://eur-lex.europa.eu/eli/reg/2016/679/oj
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at email@example.com
In certain circumstances, you have the following data protection rights:
the right to access, update or to delete the information we have on you;
the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
the right to object. You have the right to object to our processing of your Personal Data;
the right of restriction. You have the right to request that we restrict the processing of your personal information;
the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;
Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Service without some necessary data.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
Your Data Protection Rights under the California Privacy Protection Act (CalOPPA)
According to CalOPPA we agree to the following:
users can visit our site anonymously;
users are able to change their personal information by emailing us at firstname.lastname@example.org
Our Policy on “Do Not Track” Signals:
We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights under the California Consumer Privacy Act (CCPA)
If you are a California resident, you are entitled to learn what data we collect about you, ask to delete your data and not to sell (share) it. To exercise your data protection rights, you can make certain requests and ask us:
What personal information we have about you. If you make this request, we will return to you:
The categories of personal information we have collected about you.
The categories of sources from which we collect your personal information.
The business or commercial purpose for collecting or selling your personal information.
The categories of third parties with whom we share personal information.
The specific pieces of personal information we have collected about you.
A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.
A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.
Please note, you are entitled to ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to the personal information we collected about you in the previous 12 months.
To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate.
To stop selling your personal information. We don't sell or rent your personal information to any third parties for any purpose. You are the only owner of your Personal Data and can request disclosure or deletion at any time.
Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights.
To exercise your California data protection rights described above, please send your request(s) by one of the following means:
By email: email@example.com
Your data protection rights, described above, are covered by the CCPA, short for the California Consumer Privacy Act. To find out more, visit the official California Legislative Information website. The CCPA took effect on 01/01/2020.
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase is analytics service provided by Google Inc.
For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We may use third-party Service Providers to automate the development process of our Service.
GitHub is provided by GitHub, Inc.
GitHub is a development platform to host and review code, manage projects, and build software.
Codemagic is provided by Nevercode LTD.
Codemagic is the official CI/CD solution dedicated just for Babbl apps.
For more information on what data Codemagic collects for what purpose and how the protection of the data is ensured, please visit their Terms and conditions page: https://codemagic.io/terms/.
We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Services are not intended for use by children under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from Children under 13. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
By email: firstname.lastname@example.org
Terms of Sale
Last updated: September 20, 2023
Welcome to Babbl Labs Inc. DBA Uptrends.ai (“Company”, “we”,“our”, “us”)! As you have just clicked our Terms of Sale, please pause, grab acup of coffee and carefully read the following pages. It will take you approximately20 minutes.
These Terms of Sale (“Terms”, “Terms of Sale”) govern youruse of our online services and web pages located at app.uptrends.ai operated byBabbl Labs Inc. DBA Uptrends.ai. (collectively, the “Service”).
Your agreement with us includes these Terms and our PrivacyPolicy (“Agreements”). By accessing or using the Service, or by clicking abutton or checking a box marked “I Agree” (or something similar), youacknowledge and signify that you have read and understood Agreements, and agreeto be bound of them, whether or not you are a registered user of our Service.We reserve the right to modify these Terms and will provide notice of thesechanges as described below.
If you do not agree with (or cannot comply with) Agreements,then you may not use the Service, but please let us know by emailing at email@example.com we can try to find a solution. These Terms apply to all visitors, users andothers who wish to access or use Service (“Users”).
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOUUNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUALARBITRATION PROVISION (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIALWAIVER PROVISION THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOUOPT OUT PURSUANT TO THE INSTRUCTIONS HEREIN, THE EXCLUSIVE USE OF FINAL ANDBINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU ANDUS, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESETERMS. TO THE FULLEST EXTENT PERMITTEDBY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TOHAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS APLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL ORREPRESENTATIVE ACTION OR PROCEEDING.
Thank you for being responsible.
This is a contract between you and Company. You must readand agree to the Agreements before using the Service. If you do not agree, youmay not use the Service. You may use the Service only if you can form a bindingcontract with Company, and only in compliance with the Agreements and allapplicable local, state, national, and international laws, rules andregulations. Any use or access to the Service by anyone under the age 13 (orunder 16 in Europe) is strictly prohibited and in violation of these Terms. TheService is not available to any Users previously removed from the Service byCompany.
Subject to the terms and conditions of these Agreements, youare hereby granted a non-exclusive, limited, non-transferable, freely revocablelicense to use the Service as permitted by the features of the Service. Companyreserves all rights not expressly granted herein in the Service and the CompanyContent (as defined below). Company may terminate this license at any time forany reason or no reason.
Your account on the Service (“Account”) gives you access tothe services and functionality that we may establish and maintain from time totime and in our sole discretion. We may maintain different types of Accountsfor different types of Users. If you open an Account on behalf of a company,organization, or other entity, then (i) “you” includes you and that entity, and(ii) you represent and warrant that you are an authorized representative of theentity with the authority to bind the entity to these Terms, and that you agreeto these Terms on the entity’s behalf. By connecting to Company with athird-party service, you give us permission to access and use your informationfrom that service as permitted by that service, and to store your log-incredentials for that service.
When you create an Account, you guarantee that you are abovethe age of 18, and that the information you provide us is accurate, complete,and current at all times. Inaccurate, incomplete, or obsolete information mayresult in the immediate termination of your Account.
You are responsible for maintaining the confidentiality ofyour Account and password, including but not limited to the restriction ofaccess to your computer and/or account. You agree to accept responsibility forany and all activities or actions that occur under your Account and/orpassword, whether your password is with our Service or a third-party service.You must notify us immediately upon becoming aware of any breach of security orunauthorized use of your Account. You may never use another User’s Accountwithout permission. You may not use as a username the name of another person orentity or that is not lawfully available for use, a name or trademark that issubject to any rights of another person or entity other than you, withoutappropriate authorization. You may not use as a username any name that isoffensive, vulgar or obscene.
We reserve the right to refuse service, terminate Accounts,remove or edit content, or cancel orders in our sole discretion.
By creating an Account on our Service, you consent to ourusing the email address to send you Service-related notices, including anynotices required by law, in lieu of communication by postal mail. We may alsouse your email address to send you other messages, such as changes to featuresof the Service and special offers. You may control your Account and how youinteract with the Service by changing the settings on your ‘Account’ pageaccessible from the dashboard. If you do not want to receive such email messages,you may opt out or change your preferences by using the unsubscribe link in theemail. Opting out may prevent you from receiving email messages regardingupdates, improvements, or offers.
You may use the Service only for lawful purposes and inaccordance with Terms. You agree not to do any of the following in connectionwith use of the Service:
We may, without prior notice, change the Service; stopproviding the Service or features of the Service, to you or to Users generally;or create usage limits for the Service. We may permanently or temporarilyterminate or suspend your access to the Service without notice and liabilityfor any reason, including if in our sole determination you violate anyprovision of these Terms, or for no reason. Upon termination for any reason orno reason, you continue to be bound by these Terms.
The Service is controlled and operated from facilities inthe United States. We make no representations that the Service is appropriateor available for use in other locations. Those who access or use the Servicefrom other jurisdictions do so at their own volition and are entirelyresponsible for compliance with all applicable United States and local laws andregulations, including but not limited to export and import regulations. Youmay not use the Service if you are a resident of a country embargoed by theUnited States, or are a foreign person or entity blocked or denied by theUnited States government. Unless otherwise explicitly stated, all materialsfound on the Service are solely directed to individuals, companies, or otherentities located in the United States.
Some areas of the Service allow Users to submit, post,display, provide, or otherwise make available content, such as applications andassociated content and assets (any suchmaterials a User submits, posts, displays, provides, or otherwise makesavailable on the Service is referred to as “User Content”). WE CLAIM NOOWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATEREMAINS YOURS.
By submitting, providing, or otherwise making available anyUser Content on or through the Service, you expressly grant, and you representand warrant that you have all rights necessary to grant, to Company aroyalty-free, sublicensable, transferable, perpetual, non-exclusive, worldwidelicense to use, reproduce, modify, translate and distribute, all such UserContent, for use in connection with the Company’s operation of the Service andprovision thereof to you and other Users.
For the purposes of these Terms, “Intellectual PropertyRights” means all patent rights, copyright rights, mask work rights, moralrights, rights of publicity, trademark, trade dress and service mark rights,goodwill, trade secret rights and other intellectual property rights as may nowexist or hereafter come into existence, and all applications therefore andregistrations, renewals, and extensions thereof, under the laws of any state,country, territory, or other jurisdiction.
Company takes no responsibility and assumes no liability forany User Content that you or any other User or third-party posts, sends, orotherwise makes available over the Service. You shall be solely responsible foryour User Content and the consequences of making it available on the Service,and you agree that we are only acting as a passive conduit for your User Content.You understand and agree that you may be exposed to User Content that isinaccurate, objectionable, inappropriate for children, or otherwise unsuited toyour purpose, and you agree that Company shall not be liable for any damagesyou allege to incur as a result of or relating to any User Content.
In connection with your User Content, you affirm, representand warrant the following:
You will not use the Service in any way that violates anyapplicable national or international law or regulation.
You have the written consent of each and every identifiablenatural person in the User Content, if any, to use such person’s name orlikeness in the manner contemplated by the Service and these Terms, and eachsuch person has released you from any liability that may arise in relation tosuch use.
You have obtained and are solely responsible for obtainingall consents as may be required by law to post any User Content relating tothird parties.
Your User Content and Company’s use thereof as contemplatedby these Terms and the Service will not violate any law or infringe any rightsof any third party, including but not limited to any Intellectual PropertyRights and privacy rights.
Company may exercise the rights to your User Content grantedunder these Terms without liability for payment of any guild fees, residuals,payments, fees, or royalties payable under any collective bargaining agreementor otherwise.
Except for your User Content, the Service and all materialstherein or transferred thereby, including, without limitation, software,images, text, graphics, illustrations, logos, patents, trademarks, servicemarks, copyrights, photographs, audio, videos, music, and User Contentbelonging to other Users (the “Company Content”), and all Intellectual PropertyRights related thereto, are the exclusive property of Company and its licensors(including other Users who post User Content to the Service). Except as explicitlyprovided herein, nothing in these Terms shall be deemed to create a license inor under any such Intellectual Property Rights, and you agree not to sell,license, rent, modify, distribute, copy, reproduce, transmit, publicly display,publicly perform, publish, adapt, edit or create derivative works from anyCompany Content. Use of the Company Content for any purpose not expresslypermitted by these Terms is strictly prohibited.
The Service contains data, information, and other contentnot owned by you, including but not limited to Service credits (“CompanyProperty”). You understand and agree that regardless of terminology used,Company Property represents a limited license right governed solely by theterms of these Terms and available for distribution at Company’s solediscretion. Company Property is not redeemable for any sum of money or monetaryvalue from Company at any time. You acknowledge that you do not own the User Accountyou use to access the Service, nor do you possess any rights of access orrights to data stored by or on behalf of Company on Company servers, includingwithout limitation any data representing or embodying any or all of yourCompany Property. You agree that Company has the absolute right to manage,regulate, control, modify and/or eliminate Company Property as it sees fit inits sole discretion, in any general or specific case, and that Company willhave no liability to you based on its exercise of such right. All data onCompany’s servers are subject to deletion, alteration or transfer.NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY,YOU UNDERSTAND AND AGREE THAT ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNTCONTENT RESIDING ON COMPANY’S SERVERS, MAY BE DELETED, ALTERED, MOVED ORTRANSFERRED AT ANY TIME FOR ANY REASON IN COMPANY’S SOLE DISCRETION, WITH ORWITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. COMPANY DOES NOT PROVIDE ORGUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TOANY DATA RESIDING ON COMPANY’S SERVERS.
You may provide us directly at firstname.lastname@example.org withinformation and feedback concerning errors, suggestions for improvements,ideas, problems, complaints, and other matters related to our Service(“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquireor assert any intellectual property right or other right, title or interest inor to the Feedback; (ii) Company may have development ideas similar to theFeedback; (iii) Feedback does not contain confidential information orproprietary information from you or any third party; and (iv) Company is notunder any obligation of confidentiality with respect to the Feedback. In theevent the transfer of the ownership to the Feedback is not possible due toapplicable mandatory laws, you grant Company and its affiliates an exclusive,transferable, irrevocable, free-of-charge, sub-licensable, unlimited andperpetual right to use (including copy, modify, create derivative works,publish, distribute and commercialize) Feedback in any manner and for anypurpose.
Certain aspects of the Service may be provided for a fee orother charge. If you elect to use paid aspects of the Service, you agree to thepricing and payment details as set forth in further detail in your Account oradditional agreements with us, in each case as we may update them from time totime. Company may add new services for additional fees and charges, add oramend fees and charges for existing services, at any time in its solediscretion.
If you wish to purchase any product or service madeavailable through Service (“Purchase”), you may be asked to supply certaininformation relevant to your Purchase including, without limitation, yourcredit card number, the expiration date of your credit card, your billingaddress, and your shipping information.
You represent and warrant that: (i) you have the legal rightto use any credit card(s) or other payment method(s) in connection with anyPurchase; and that (ii) the information you supply to us is true, correct andcomplete.
We reserve the right to refuse or cancel your order at anytime for reasons including but not limited to product or service availability,errors in the description or price of the product or service, error in yourorder or other reasons.
We reserve the right to refuse or cancel your order if fraudor an unauthorized or illegal transaction is suspected.
Some parts of Service are billed on a subscription basis(“Subscription(s)”). You will be billed in advance on a recurring and periodicbasis (“Billing Cycle”). Billing cycles are set either on a monthly or annualbasis, depending on the type of subscription plan you select when purchasing aSubscription.
At the end of each Billing Cycle, your Subscription willautomatically renew under the exact same conditions unless you cancel it or BabblLabs Inc. DBA Uptrends.ai cancels it. YOU MAY CANCEL YOUR SUBSCRIPTION RENEWALEITHER THROUGH YOUR ONLINE ACCOUNT MANAGEMENT PAGE OR BY CONTACTING Babbl LabsInc. DBA Uptrends.ai. CUSTOMER SUPPORT TEAM, AND SUCH CALCULATION WILL BEEFFECTIVE IN THE MONTH FOLLOWING THE MONTH YOU PROVIDE US NOTICE. YOUUNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOURSUBSCRIPTION AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOUAUTHORIZE US OR OUR AUTHORIZED THIRD PARTY PAYMENT PROVIDER (WITHOUT NOTICE TOYOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLESUBSCRIPTION FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ONRECORD FOR YOU.
We accept various payment methods through Stripe. By usingour Service, you agree to be bound by Stripe’s Services Agreement available athttps://stripe.com/us/legal. A valid payment method is required to process thepayment for your subscription. You shall provide Babbl Labs Inc. DBAUptrends.ai. with accurate and complete billing information including fullname, address, state, zip code, telephone number, and a valid payment methodinformation. By submitting such payment information, you automaticallyauthorize Babbl Labs Inc. DBA Uptrends.ai. to charge all Subscription feesincurred through your account to any such payment instruments. You agree to payall charges incurred by users of your credit card, debit card, or other paymentmethod used in connection with a purchase or transaction or other monetarytransaction interaction with the Service at the prices in effect when suchcharges are incurred. You will pay any applicable taxes, if any, relating toany such purchases, transactions or other monetary transaction interactions.
Should automatic billing fail to occur for any reason, BabblLabs Inc. DBA Uptrends.ai will issue an electronic invoice indicating that youmust proceed manually, within a certain deadline date, with the full paymentcorresponding to the billing period as indicated on the invoice.
Babbl Labs Inc. DBA Uptrends.ai. may, at its solediscretion, offer a Subscription with a free trial for a limited period of time(“Free Trial”).
You may be required to enter your billing information inorder to sign up for a Free Trial.
If you do enter your billing information when signing up fora Free Trial, you will not be charged by Babbl Labs Inc. DBA Uptrends.ai untilthe Free Trial has expired. On the last day of Free Trial period, unless youcancelled your Subscription, you will be automatically charged the applicableSubscription fees for the type of Subscription you have selected.
At any time and without notice, Babbl Labs Inc. DBAUptrends.ai reserves the right to (i) modify Terms of Sale of Free Trial offer,or (ii) cancel such Free Trial offer.
Babbl Labs Inc. DBA Uptrends.ai, in its sole discretion andat any time, may modify Subscription fees for the Subscriptions. AnySubscription fee change will become effective at the end of the then-currentBilling Cycle.
Babbl Labs Inc. DBA Uptrends.ai will provide you with areasonable prior notice of any change in Subscription fees to give you anopportunity to terminate your Subscription before such change becomeseffective. Your continued use of Service after Subscription fee change comesinto effect constitutes your agreement to pay the modified Subscription feeamount.
We issue refunds for Subscriptions within thirty (30) daysof the original purchase of the Subscription; provided that, in the event thatCompany suspends or terminates your Account or these Terms for your breach, youunderstand and agree that you shall receive no refund or exchange for anyCompany Property, any unused time on a Subscription, any license orsubscription fees for any portion of the Service, any content or dataassociated with your Account, or for anything else.
California Residents. The provider of services is set forthherein. If you are a California resident, in accordance with Cal. Civ. Code§1789.3, you may report complaints to the Complaint Assistance Unit of theDivision of Consumer Services of the California Department of Consumer Affairsby contacting them in writing at 1625 North Market Blvd., Suite N 112Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Copyright Policy; DMCA Notice and Procedure for CopyrightInfringement Claims
We respect the intellectual property rights of others. It isour policy to respond to any claim that Content posted on Service infringes onthe copyright or other intellectual property rights (“Infringement”) of anyperson or entity. If you are a copyright owner, or authorized on behalf of one,and you believe that your copyrighted work has been copied in a way thatconstitutes copyright infringement, please submit your claim via email to email@example.com,with the subject line: “Copyright Infringement” and include in your claim adetailed description of the alleged Infringement as detailed below, under “DMCANotice and Procedure for Copyright Infringement Claims”.
You may submit a notification pursuant to the DigitalMillennium Copyright Act (DMCA) by providing our Copyright Agent with thefollowing information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorizedto act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim hasbeen infringed, including the URL (i.e., web page address) of the locationwhere the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location onService where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you, made under penalty of perjury, that theabove information in your notice is accurate and that you are the copyrightowner or authorized to act on the copyright owner's behalf.
The above information must be submitted to the followingDMCA Agent:
Babbl Labs Inc.DBA Uptrends.ai
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINEMATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURYAND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’FEES.
Please note that this procedure is exclusively for notifyingCompany and its affiliates that your copyrighted material has been infringed.The preceding requirements are intended to comply with Company’s rights andobligations under the DMCA, including 17 U.S.C. §512(c), but do not constitutelegal advice. It may be advisable to contact an attorney regarding your rightsand obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law,Company has adopted a policy of terminating, in appropriate circumstances,Users who are deemed to be repeat infringers. Company may also at its solediscretion limit access to the Service and/or terminate the User Accounts ofany Users who infringe any intellectual property rights of others, whether ornot there is any repeat infringement.
Our Service may contain links to third-party materials,websites or services that are not owned or controlled by Company. Company doesnot endorse or assume any responsibility for any such third-party content,sites, privacy policies, practices, information, materials, products, orservices. We do not warrant the offerings of any of these entities/individualsor their websites. If you access a third-party website or service from theService or share your User Content on or through any third-party website orservice, you do so at your own risk, and you understand that these Terms do notapply to your use of such sites. You expressly relieve Company from any and allliability arising from your use of any third-party website, service, orcontent, including without limitation User Content submitted by other Users.Additionally, your dealings with or participation in promotions of advertisersfound on the Service, including payment and delivery of goods, and any otherterms (such as warranties) are solely between you and such advertisers. Youagree that Company shall not be responsible for any loss or damage of any sortrelating to your dealings with such advertisers. WE STRONGLY ADVISE YOU TO READTHE TERMS OF SALE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICESTHAT YOU VISIT.
We may use third-party Service Providers to monitor andanalyze the use of our Service.
Google Analytics is a web analytics service offered byGoogle that tracks and reports website traffic. Google uses the data collectedto track and monitor the use of our Service. This data is shared with otherGoogle services. Google may use the collected data to contextualize and personalizethe ads of its own advertising network.
For more information on the privacy practices of Google,please visit the Google Privacy Terms web page:https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy forsafeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase Analytics is an analytics service provided byGoogle Inc.
For more information on what type of information Firebasecollects, please visit the Google Privacy Terms web page:https://policies.google.com/privacy?hl=en
You agree to defend, indemnify and hold harmless Company andits subsidiaries, agents, licensors, managers, and other affiliated companies,and their employees, contractors, agents, officers and directors, from andagainst any and all claims, damages, obligations, losses, liabilities, costs ordebt, and expenses (including but not limited to attorney’s fees) arising from:(i) your use of and access to the Service, including any data or contenttransmitted or received by you; (ii) your violation of any these Terms,including without limitation your breach of any of the representations andwarranties above; (iii) your violation of any third-party right, includingwithout limitation any right of privacy or Intellectual Property Rights; (iv)your violation of any applicable law, rule or regulation; (v) any content thatis submitted via your Account including without limitation misleading, false,or inaccurate information; (vi) your willful misconduct; or (vii) any otherparty’s access and use of the Service with your unique username, password orother appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTEDBY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIESOF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY ORTHROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, ANDITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT;THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BEAVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANYDEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OROTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGHTHE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELYRESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OFDATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
FURTHER, COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, ORASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ATHIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, ANDCOMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEENYOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONSDO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SOTHE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVES YOU SPECIFIC LEGALRIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THEDISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENTPROHIBITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NOEVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS ORLICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FORLOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OFOR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NOCIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTINGFROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE ORYOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANYASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANYUNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONALINFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSIONTO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THATMAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANYERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS ARESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISEMADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THEDEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALLCOMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORSBE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS,DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANYHEREUNDER OR $50.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THEALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, ORANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONOF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONSMAY NOT APPLY TO YOU. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAYALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THE DISCLAIMERS, EXCLUSIONS,AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENTPROHIBITED BY APPLICABLE LAW.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simplydiscontinue using Service.
All provisions of Terms which by their nature should survivetermination shall survive termination, including, without limitation, ownershipprovisions, warranty disclaimers, indemnity and limitations of liability.
You agree that: (i) the Service shall be deemed solely basedin California; and (ii) the Service shall be deemed a passive one that does notgive rise to personal jurisdiction over us, either specific or general, injurisdictions other than California. These Terms shall be governed by theinternal substantive laws of the State of California, without respect to itsconflict of laws principles. The parties acknowledge that these Terms evidencea transaction involving interstate commerce. Notwithstanding the precedingsentences with respect to the substantive law, the Federal Arbitration Act (9U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of theArbitration Agreement in Section 14.2 and preempts all state laws to thefullest extent permitted by law. If the FAA is found to not apply to any issuethat arises from or relates to the Arbitration Agreement, then that issue shallbe resolved under and governed by the law of your state of residence. Theapplication of the United Nations Convention on Contracts for the InternationalSale of Goods is expressly excluded. You agree to submit to the exclusivepersonal jurisdiction of the federal and state courts located in California forany actions for which we retain the right to seek injunctive or other equitablerelief in a court of competent jurisdiction to prevent the actual or threatenedinfringement, misappropriation or violation of a our copyrights, trademarks,trade secrets, patents, or other intellectual property or proprietary rights,as set forth in the Arbitration provision below, including any provisionalrelief required to prevent irreparable harm. You agree that California is theproper and exclusive forum for any appeals of an arbitration award or for trialcourt proceedings in the event that the arbitration provision below is found tobe unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIESTO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEFFROM COMPANY. This Section 14.2 (the “Arbitration Agreement”) applies to andgoverns any dispute, controversy, or claim between you and Company that arisesout of or relates to, directly or indirectly: (a) these Terms, including theformation, existence, breach, termination, enforcement, interpretation,validity, or enforceability thereof; (b) access to or use of the Service,including receipt of any advertising or marketing communications; (c) anytransactions through, by, or using the Service; or (d) any other aspect of yourrelationship or transactions with Company, directly or indirectly, as aconsumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shallapply, without limitation, to all Claims that arose or were asserted before orafter your agreement to this Agreement.
If you are a new Company user, you can reject and opt-out ofthis Arbitration Agreement within 30 days of accepting these Terms by emailingCompany at [firstname.lastname@example.org] with your first and last name and stating yourintent to opt-out of the Arbitration Agreement. Note that opting out of thisArbitration Agreement does not affect any other part of these Terms, includingthe provisions regarding controlling law or in which courts any disputes mustbe brought.
For any Claim, you agree to first contact us at [email@example.com]and attempt to resolve the dispute with us informally. In the unlikely eventthat Company has not been able to resolve a Claim after sixty (60) days, weeach agree to resolve any Claim exclusively through binding arbitration by AAAbefore a single arbitrator (the “Arbitrator”), under the Expedited Proceduresthen in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between theRules and this Arbitration Agreement, this Arbitration Agreement shallcontrol. AAA may be contacted atwww.adr.org, where the Rules are also available. The arbitration will beconducted in the U.S. county where you live or California, unless you andCompany agree otherwise. If you are using the Service for commercial purposes,each party will be responsible for paying any AAA filing, administrative andarbitrator fees in accordance with AAA rules, and the award rendered by thearbitrator shall include costs of arbitration, reasonable attorneys’ fees andreasonable costs for expert and other witnesses. If you are an individual usingthe Service for non-commercial purposes: (i) AAA may require you to pay a feefor the initiation of your case, unless you apply for and successfully obtain afee waiver from AAA; (ii) the award rendered by the arbitrator may include yourcosts of arbitration, your reasonable attorney’s fees, and your reasonablecosts for expert and other witnesses; and (iii) you may sue in a small claimscourt of competent jurisdiction without first engaging in arbitration, but thisdoes not absolve you of your commitment to engage in the informal disputeresolution process. Any judgment on the award rendered by the arbitrator may beentered in any court of competent jurisdiction. You and Company agree that theArbitrator, and not any federal, state, or local court or agency, shall haveexclusive authority to resolve any disputes relating to the interpretation,applicability, enforceability or formation of this Arbitration Agreement,including any claim that all or any part of this Arbitration Agreement is voidor voidable. The Arbitrator shall also be responsible for determining allthreshold arbitrability issues, including issues relating to whether anyprovision of these Terms is unconscionable or illusory and any defense toarbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section shall be deemed as: preventingCompany from seeking injunctive or other equitable relief from the courts asnecessary to prevent the actual or threatened infringement, misappropriation,or violation of our data security, Intellectual Property Rights or otherproprietary rights; or preventing you from asserting claims in small claimscourt, if your claims qualify and so long as the matter remains in such courtand advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void,unenforceable, or unlawful, in whole or in part, the void, unenforceable, orunlawful provision, in whole or in part, shall be severed. Severance of thevoid, unenforceable, or unlawful provision, in whole or in part, shall have noimpact on the remaining provisions of the Arbitration Agreement, which shallremain in force, or the parties’ ability to compel arbitration of any remainingclaims on an individual basis pursuant to the Arbitration Agreement. Notwithstandingthe foregoing, if the Class Action/Jury Trial Waiver in Section 14.3 is foundto be void, unenforceable, or unlawful, in whole or in part, because it wouldprevent you from seeking public injunctive relief, then any dispute regardingthe entitlement to such relief (and only that relief) must be severed fromarbitration and may be litigated in a civil court of competentjurisdiction. All other claims forrelief subject to arbitration under this Arbitration Agreement shall bearbitrated under its terms, and the parties agree that litigation of anydispute regarding the entitlement to public injunctive relief shall be stayedpending the outcome of any individual claims in arbitration.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OFWHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OROTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY,AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION,COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVEPROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREEOTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOUAND COMPANY AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUALCLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUALCLAIM(S). ANY RELIEF AWARDED MAY NOTAFFECT OTHER COMPANY USERS. YOU AND COMPANY FURTHER AGREE THAT, BY ENTERINGINTO THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURYOR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATEATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS APLAINTIFF OR CLASS MEMBER.
We may make available software to access the Service via a mobile device (“Mobile Applications”). To use any Mobile Applications you musthave a mobile device that is compatible with the Mobile Applications. Company does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Account on one mobile device owned or leased solely by you, for your personal use. You maynot: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expresslyprohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party;(iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of theMobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforcelimitations on use of the Mobile Applications; or (v) delete the copyright andother proprietary rights notices on the Mobile Applications. You acknowledgethat Company may from time to time issue upgraded versions of the MobileApplications, and may automatically electronically upgrade the version of theMobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party codethat may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Company reserves all rights not expressly granted under these Terms. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms. The Mobile Applications originate in the United States, and are subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Company, not Apple, Inc. (“Apple”)and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Sale. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and Company only, and not with Google, Inc.(“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Sale; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv)Company, and not Google, is solely responsible for its Google-Sourced Software;(v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Company’s Google-Sourced Software.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation here of shall be null and void.
Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications, provided that you may opt out of certain means of notification as described in these Terms. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Sale. If you do not agree to any of these terms or any future Terms of Sale, do not use or access (or continue to access) the Service.
These Terms, together with any amendments and any additional agreements you may enter into with Company in connection with the Service, shall constitute the entire agreement between you and Company concerning the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
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