THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Registration and Service.
- You may also link your Account with certain third party sites, including, but not limited to, LinkedIn (“Third Party Accounts”) by either (i) providing your Third Party Account login information to us; or (ii) allowing us to access your Third Party Account, if permitted under the applicable terms and conditions that govern your use of each Third Party Account, you represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. You have the ability to disable the connection between your Account and your Third Party Accounts at any time by accessing the “Settings” section of the App. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
2. Payment and Charges.
It is free to download the App and register for an Account. TrueBear charges a fee for each meeting arranged via the Service.
3. Use of the App and Service.
- TrueBear grants you a personal, revocable, limited, non-transferable license to use the App on any iPhone, iPad or iPod Touch as permitted by the Usage Rules set forth in the App Store Terms and Conditions (the “Usage Rules”).
- This license does not allow you to copy, disassemble, attempt to derive the source code of, modify, create derivative works of, rent, lease, lend, sell, redistribute or sublicense the App or any Third-Party Content (either in whole or in part).
- All updates and upgrades to the App will be governed by the version of these Terms published by TrueBear as of the date you install such update or upgrade. Any rights not expressly granted herein are reserved.
- Upon installation of the App and successful registration for the Service, you can use the Service to create and schedule deliveries subject to the following restrictions:
You will not use the Service to for any of the following purposes (“Prohibited Purposes”):
- To stalk, harass, intimidate, or otherwise bother any individual;
- for the purpose of facilitating or participating in any illegal or fraudulent activity, including pretexting or impersonation f any individual; or
- in any manner that would violate the privacy rights of any individual or any applicable law.
4. Ownership Rights and License.
- As between you and TrueBear, the App, including any design, layout, logo, text, code, and graphics contained within the App (the “TrueBear Content”) is, and shall remain, the sole property of TrueBear and is subject to protection under U.S. and foreign copyright laws. Other trademarks, logos, images, personal likenesses and names that are available via the Service (including profile images from LinkedIn) are the property of their respective owner (each an “Owner”).
5. Updates and Alerts.
- The terms and conditions outlined in these Terms govern all matters related to your installation and use of the App to access and use the Service and supersede all other agreements, representations, warranties and understandings with respect to the App or Service; provided, however, that your use of any Third party Account shall remain subject to your agreements with the Owner of such Third Party Account.
- By downloading and installing the App, you agree to enter into these Terms electronically and give your express consent to our providing you with any notices, messages, updates, or alerts about the Service, TrueBear, or the App by sending messages to your mobile device, either within the App or via an SMS service. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the App or for the Service (each an “Update”) but that if we do, we may amend these Terms in connection with such Update without providing specific notice to you and that your installation and use of the Update is conditioned upon your acceptance of any revised Terms.
- The current version of these Terms will be available within the App. You are responsible for reviewing the then-current version of the Terms before installing an Update. By installing an Update, you are representing that you have reviewed the then-current version of the Terms and agree to be bound by such version. You may not install any Update unless you agree to the then-current version of the Terms.
You agree to indemnify, defend, release, and hold harmless TrueBear (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the App or Service for any Prohibited Purpose or from your breach any other term of this Agreement.
These Terms are effective until terminated by you or TrueBear. Your rights under these Terms will terminate automatically without notice from TrueBear if you fail to comply with any term(s) of this license. Upon termination of these Terms you shall cease all use of the App, and destroy all copies, full or partial, of the App.
8. No Warranty.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND THE SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, the SERVICE, AND ANY TrueBear content, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TRUEBEAR HEREBY DISclAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, the SERVICE, AND ANY TrueBear content, EITHER EXPRESS, IMPLIED OR STATUTORY, INTrueBearUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TRUEBEAR DOES NOT WARRANT THAT THE APP, the SERVICE, AND ANY TrueBear content or user content, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED, or that the service will be available. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TRUEBEAR OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
9. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TRUEBEAR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INclUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, the SERVICE, AND ANY TrueBear content, or any item purchased by you via the service HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF TRUEBEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall TrueBear’s total liability to you for all damages exceed the LESSER OF THE amount of DAMAGE TO YOUR ITEM OR ONE THOUSAND dollars ($1000.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
10. Arbitration; Applicable Law.
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
- Except for a claim by TrueBear against you, any and all disputes between you and TrueBear arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the App.
- YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND TRUEBEAR ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TRUEBEAR 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 PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and TrueBear must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in San Francisco, California. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in California. Claims of infringement or misappropriation of TrueBear’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in California.
- The laws of the State of California, excluding its conflicts of law rules that would result in the laws of a State other than California, govern this license and your use of the App.
TrueBear and you acknowledge that this Agreement is concluded between TrueBear and you only, and not with Apple, Inc. TrueBear, not Apple is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the App Store Terms of Service, the more restrictive or conflicting Apple term applies.
12. Scope of License.
The license granted to you for App is limited to a non-transferable license to use App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
13. Maintenance and Support.
TrueBear is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. TrueBear and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to App.
With respect to the App, TrueBear is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for App to you; and to the maximum extent permitted by applicable law, neither Apple nor Google will have any other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be TrueBear’s sole responsibility.
15. Product Claims.
TrueBear and you acknowledge that TrueBear, not Apple, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (a) product liability claims; (b) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit TrueBear’s liability to you beyond what is permitted by applicable law.
16. Intellectual Property Rights.
TrueBear and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, TrueBear, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
17. Legal Compliance.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
18. TrueBear Name and Address.
TrueBear’s contact information for any end-user questions, complaints or claims with respect to App is support@TrueBear.com.
You agree to indemnify, defend, release, and hold harmless TrueBear, its partners, licensors, affiliates, contractors, officers, directors, employees and agents from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the App or the Service, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.
20. Equitable Remedies.
You hereby agree that if the terms of this Agreement are not specifically enforced, TrueBear will be irreparably damaged, and therefore you agree that TrueBear shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of this Agreement, in addition to any other available remedies.