YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY ACKNOWLEDING SUCH ACCEPTANCE BY DOWNLOANDING, ACCESSING OR USING THE APP. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT DOWNLOAD, INSTALL, USE, ACCESS OR CONTINUE TO DOWNLOAD, INSTALL, USE OR ACCESS THE APP OR ANY OTHER SERVICE PROVIDED BY COMPANY. YOU AGREE THAT YOUR USE OF THE APP WILL BE AT YOUR SOLE RISK TO THE FULLEST EXTENT PERMITTED BY LAW. THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGRENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE OR THE APP AND YOUR USE THEREOF AND ASSUMES NO RESPONSIBILITY FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR SECURE SERVER AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR THE APP BY ANY THIRD-PARTY.
In order to download the App, you represent and warrant that: (1) you are at least 18 years old; (2) you are not under the age of 13 years old; or (3) or if you are a minor in the jurisdiction in which you reside, you have received your parent or guardian's consent to download the App. You further represent and warrant that: (1) you have legal authority to enter into a binding contract with the Company in the jurisdiction in which you reside; and (2) your installation and use of the App does not violate any applicable laws or regulations.
Limited Non-Exclusive License
The Company grants you a limited, revocable, non-exclusive license (the "License") to install and use the App for personal and non-commercial use of the App on mobile, tablet or other devices (the "Devices") owned and controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this license. This License shall remain in effect unless and until terminated by you or the Company. You agree that your usage of the App is not intended for any purpose that is unlawful or prohibited by the terms of this Agreement.
Intellectual Property Rights
The Company retains ownership of all software applications and content even after installation on your Devices. All trademarks, service marks, trade names, logos, domain names, and any other features of Snubbed, LLC or the App (collectively, the "Snubbed Brand Features") are the sole property of the Company. This Agreement does not grant you any rights to use any Snubbed Brand Features whether for commercial or non-commercial use. The Snubbed Brand Features may not be used in any manner that is likely to cause confusion and may not be copied, imitated, used, in whole or in part, without the prior written consent of the Company.
User Guidelines And Prohibited Activities
You may not access or use the Website or App for any other purpose other than that for which Company makes it available. Prohibited activities include, but is not limited to:
• attempting to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App
• attempting to impersonate another user or person or using the username of another user
• criminal or tortious activity
• deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the App
• harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Company's services to you
• interfering with, disrupting, or creating an undue burden on the Website, the App or the networks or services connected to the App
• making any unauthorized use of the Company's services, including, without limitation, collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
• selling or otherwise transferring your profile
• tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information
• using any information obtained from Website or App in order to harass, abuse, or harm another person
• using the Company's services as part of any effort to compete with Company
• using the Website or App in a manner inconsistent with any and all applicable laws and regulations.
Limitation Of Liability
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE APP, EVEN IF COMPANY HAS BEEN ADVISED OF THE RESPONSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY'S SERVICES DURING THE ONE (1) YEAR PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECITON 1542, WHICH PROVIDES THAT: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
Other than as stated herein or as explicitly agreed upon in writing between you and the Company, this Agreement constitutes all the terms and conditions agreed upon between you and the Company and supersedes any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Severability And Waiver
Unless as otherwise stated in the Agreement, should any provision of this Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by the Company or any third-party beneficiary to enforce the Agreement or any provision thereof shall not waive the Company's or applicable third-party beneficiary's right to do so.
The Company has the sole authority to assign this Agreement or any part of it, and the Company may delegate any of its obligations under this Agreement. You may not assign this Agreement or any part of it, nor transfer or sub-license your rights under the Agreement to any third-party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold the Company harmless from and against all damages, losses and expenses of any kind (including reasonable attorney fees and costs), arising out of: (1) your breach of this Agreement; (2) any activity in which you engage on or through the Company's service; and (3) your violation of any law or the rights of a third-party.
Governing Law And Jurisdiction
This Agreement (and any non-contractual disputes or claims arising out of, or in connection with this Agreement), are subject to the laws of the State of California, United States of America, without regard to choice or conflicts of law principles and such disputes shall be resolved in the Central District of California.
Informal Dispute Resolution
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (the "Dispute"), you and Company agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any mandatory binding arbitration. Such information negotiations shall commence upon written notice from one person or entity to the other.
ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WEBSITE OR THE APP MUST COMMENCE NO LATER THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE FOREVER BARRED.
Mandatory Binding Arbitration
If you and Company are unable to resolve a Dispute through information dispute resolution, you and the Company agree that any Dispute between you and Company arising in connection with or relating in any way to this Agreement or to your relationship with Company as user of the App will be determined by mandatory binding (not class) arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of The American Arbitration Association ("AAA") and where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website governed by https://www.adr.org/. This arbitration provision will survive termination of this Agreement.
If you have any questions or comments concerning this Agreement, please contact the Company as set forth below:
1525 Aviation Boulevard, #132
Redondo Beach, California 90278