Terms And Conditions

 

These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the hitchline.com website (“Website”), “HitchLine” mobile application (“Mobile Application”) and any of their related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and HitchLine LLC (“HitchLine LLC”, “we”, “us” or “our”). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such an entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Services. By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and HitchLine LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Services.

 

 

You must be at least 16 years of age to use the Services. By using the Services and by agreeing to this Agreement you warrant and represent that you are at least 16 years of age.

 

If you create an account on the Services, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

 

 

We do not own any data, information or material (collectively, “Content”) that you submit on the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

 

 

Please be aware that there may be certain adult or mature content available on the Services. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If we learn that anyone under the age of 18 seeks to conduct a transaction through the Services, we will require verified parental consent, in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”). Certain areas of the Services may not be available to children under 18 under any circumstances.

 

 

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

 

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Services including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services should be taken to indicate that all information on the Services or Services has been modified or updated.

 

 

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against HitchLine LLC with respect to such other services. HitchLine LLC is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting HitchLine LLC to disclose your data as necessary to facilitate the use or enablement of such other service.

 

 

We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

 

 

During your use of the Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

 

 

Although the Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Services may be “affiliate links”. This means if you click on the link and purchase an item, HitchLine LLC will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Services. Your linking to any other off-site resources is at your own risk.

 

 

To the fullest extent permitted by law, you agree to indemnify and otherwise hold harmless HitchLine Corporation, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.

 

 

HitchLine DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. LINKEDIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.

 

 

The Software may contain or be provided together with open source software. Each item of third party open source software is subject to its own applicable license terms, Copyrights to the open source software are held by the respective copyright holders indicated therein.

 

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT HitchLine SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HitchLine HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL HitchLine AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF ANY FEES PAID BY YOU TO HitchLine. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

 

MOBILE APPLICATION END-USER LICENSE AGREEMENT (EULA)

 

PLEASE READ THIS MOBILE APPLICATION END-USER LICENSE AGREEMENT (“EULA AGREEMENT”) CAREFULLY, BEFORE COMPLETING THE DOWNLOAD OR INSTALLATION PROCESS OR USING THE APPLICATION, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

 

This EULA agreement is a binding agreement, entered into by and between HitchLine LLC, registered in Delaware, (“HitchLine LLC”) and you, and is made effective as of the date you download, install or use the Application HitchLine (“Application”) or from the date of your electronic acceptance.

 

This EULA agreement sets forth the general terms and conditions of your use of the Application, provides a license to use HitchLine LLC Application and contains liability disclaimers. This EULA agreement’s terms also apply to any Application update, upgrade, internet-based service, and support service for the Application. Whether you are acquiring Application directly from HitchLine LLC or through HitchLine LLC authorized reseller your electronic acceptance of this EULA agreement signifies that you have read, understand, acknowledge, and agree to be bound by this EULA agreement.

 

The terms “we”, “us” or “our” shall refer to HitchLine LLC. The terms “you”, “your”, or “User” shall refer to any individual or entity who accepts this EULA agreement, uses our Application, or has access to our Application.

HitchLine LLC may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting. Your use of this Application after such changes or modifications have been made shall constitute your acceptance of this EULA agreement as last revised.

 

BY DOWNLOADING /INSTALLING /USING THE APPLICATION YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA AGREEMENT AS LAST REVISED, DO NOT DOWNLOAD, INSTALL, USE (OR CONTINUE TO USE) OUR APPLICATION.

 

Our Application is available only to Users who can form legally binding contracts under the applicable law. By downloading or using this Application, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or using the Application e under the laws of the United States, California or other applicable jurisdiction.

 

If you are entering into this EULA agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this EULA agreement, in which case the terms “you”, “your”, or “User” shall refer to such corporate entity. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Application, and you must not accept this EULA agreement. If, after your electronic acceptance of this Agreement, HitchLine LLC finds that you do not have the legal authority to bind such a corporate entity, you will be personally responsible for the obligations contained in this EULA agreement.

 

Subject to the terms of this EULA Agreement HitchLine LLC hereby grants you a personal, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the HitchLine LLC Application on your own, non-commercial use devices in accordance with the terms of this EULA agreement. The Application is being licensed to you and you hereby acknowledge that no title or ownership of the Application is being transferred or assigned to you and this EULA agreement is not to be construed as a sale of any rights of the Application.

 

You are permitted to load the HitchLine LLC Application (for example on a mobile, tablet or laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the HitchLine LLC Application.

 

Without first obtaining the express written consent of HitchLine LLC, you may not assign your rights and obligations under this EULA agreement, or redistribute, encumber, sell, rent, lease, sublicense or in other way transfer your rights to the Application.

 

You are not permitted to: Edit, modify, alter, adapt, or otherwise change the whole or any part of the HitchLine LLC Application nor permit the whole or any part of the Application to be combined with or become incorporated in any other Application or any software, nor decompile, disassemble or reverse engineer the Application or attempt to do any of the listed actions, copy, reproduce, duplicate, resell or distribute in any medium any part of the Application, except where expressly authorized by HitchLine LLC, remove or alter HitchLine LLC trademarks or logos or legal notices included in the Application or related assets, remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application, use the service to try to gain unauthorized access to any service, data, account or network by any means, use the Application in any way which breaches any applicable local, national or international law, use the Application for any purpose that HitchLine LLC, considers is a breach of this EULA agreement.

 

HitchLine LLC reserves the right to determine in its sole discretion what kind of conduct is considered to be in violation of the terms of this EULA agreement. By using our Application you acknowledge and agree that your use of the Application, including any content you submit, will comply with this EULA agreement and all applicable local, state, national and international laws, rules, and regulations.

 

No part of this EULA agreement is or should be interpreted as a transfer of intellectual property rights. HitchLine LLC shall retain ownership of the Application as originally downloaded by you and all subsequent downloads of the Application by you. The Application (and the copyright, and other intellectual property rights of whatever nature in the Application, including any modifications made thereto) are and shall remain the property of HitchLine LLC. In addition to the general rules above, the provisions in this Section apply specifically to your use of HitchLine LLC content used in the Application (HitchLine LLC content). HitchLine LLC content used in this Application, including without limitation the text, scripts, source code, API, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks, and logos contained therein, are owned by or licensed to HitchLine LLC in perpetuity, and are subject to copyright, trademark, and/or patent protection.

HitchLine LLC content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of HitchLine LLC. No right or license under any copyright, trademark, patent or other proprietary right or license is granted by this EULA agreement.

 You acknowledge that when you download, install, or use the Application, HitchLine LLC may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality. All information we collect through or in connection with this Application is subject to our Privacy policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

HitchLine LLC may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that HitchLine LLC has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: the Application will automatically download and install all available Updates; or you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.

 

The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that HitchLine LLC is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. HitchLine LLC does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties terms and conditions.

The Application may allow you to create content such as videos, data, photographs, messages, graphics, text, and other information (“User Content”), and to share such User Content with HitchLine LLC or with other applications, sites, including social networking sites, as you may designate. The provisions in this Section apply specifically to HitchLine LLC use of User Content posted to or through the Application.

 

You shall be solely responsible for any and all of your User Content or User Content that is submitted by you, and the consequences of, and requirements for, distributing it. You agree that any User Content that you share does not and will not violate third-party rights of any kind, including and without limitation any Intellectual Property Rights or rights of publicity and privacy.

 

With Respect to User Content, by posting or publishing User Content to or through the Application, you authorize Company to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Application and this EULA agreement.

 

By creating User Content through HitchLine LLC Application, you hereby grant HitchLine LLC a worldwide, non-exclusive, royalty-free, sub-licensable, irrevocable, and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Application, including without limitation for promoting and redistributing all or part of this Application in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Application a non-exclusive license to access your User Content through this Application, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Software and under this EULA agreement.

 

The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Application. You understand and agree, however, that HitchLine LLC may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.

 

HitchLine LLC generally does not pre-screen User Content but reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this EULA agreement. HitchLine LLC may remove any item of User Content if it violating this EULA agreement, at any time and without prior notice.

 

With Respect to User Submissions, you acknowledge and agree that:

your User Submissions are entirely voluntary, your User Submissions do not establish a confidential relationship or obligate HitchLine LLC to treat your User Submissions as confidential or secret.

 

HitchLine LLC has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.

 

HitchLine LLC shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions provided to the HitchLine LLC and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to or through the Software for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

 

The following applies to the Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”): You acknowledge and agree that (i) this EULA agreement is concluded between you and HitchLine LLC only, and not Apple; and (ii) HitchLine LLC, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Apple App Store Terms of Service.

 

You will use the App Store Sourced Application only (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

 

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

 

In the event of any failure of any App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between HitchLine LLC and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of HitchLine LLC.

 

You and HitchLine LLC acknowledge that, as between HitchLine LLC and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application in your possession and use of the App Store Sourced Application, including but not limited to (i) product liability claims; (ii) any claim that an App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

You and HitchLine LLC acknowledge that, in the event of any third party claim that an App Store Sourced Application or your possession and use of that App Store Source Application infringes that third party’s intellectual property rights, as between HitchLine LLC and Apple, HitchLine LLC, 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 this EULA agreement.

 

You and HitchLine LLC, acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this EULA agreement and that upon your acceptance of this EULA agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA agreement.

By using the App Store Sourced Application you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Without limiting any other terms of this EULA agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

 

 

 

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY HitchLine LLC, APPLICATION IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND DEFECTS AND HitchLine LLC, MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT, OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OTHER THAN AS SET FORTH IN THIS EULA AGREEMENT.

 

HitchLine LLC MAKES NO WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS APPLICATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. HitchLine LLC MAKES NO WARRANTIES THAT THE OPERATION OF THE APPLICATION WILL BE SECURE, ERROR-FREE, OR FREE FROM INTERRUPTION.

 

NO ORAL OR WRITTEN ADVICE PROVIDED BY HitchLine LLC OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

 

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

 

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL HitchLine LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THIS AGREEMENT, (II) THE ACCURACY, COMPLETENESS, OR CONTENT ON THIS APPLICATION, (III) OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE APPLICATION, WHEATHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF HitchLine LLC OR ANY OTHER PARTY, EVEN IF HitchLine LLC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN NO EVENT SHALL HitchLine LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THIS LIMITATION APPLIES, BUT IT IS NOT LIMITED TO ANYTHING RELATED TO THE APPLICATION, SERVICES, OR CONTENT MADE AVAILABLE THROUGH THE APPLICATION. YOU AGREE THAT THE PROVISIONS IN THIS EULA AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS EULA AGREEMENT.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS EULA AGREEMENT.

 

You agree to protect, defend, indemnify and hold harmless HitchLine LLC and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by HitchLine LLC directly or indirectly arising from (i) your use of the Application; (ii) your violation of any provision of this Agreement; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of Application.

 

Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Application on 24/7 basis. You acknowledge and agree that from time to time this Application may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.

You acknowledge and agree that we have no control over the availability of this Application on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.

 

This EULA agreement is effective from the date you first download, install or use the Application and shall continue until terminated. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

 

This EULA agreement will also be terminated immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Application. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

HitchLine LLC reserves the right to cease offering or providing Application at any time, for any or no reason, and without prior notice. Although HitchLine LLC makes a great effort to maximize the lifespan of the Application, it might be, that the Application we offer will be discontinued. If that is the case, this EULA agreement will be terminated, and the Application will no longer be supported by HitchLine LLC.

 

Upon termination, all rights granted to you under this EULA agreement will also terminate and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

 

HitchLine LLC makes no representation or warranty that all the content available on this Application is appropriate in every country or jurisdiction and use of this Application from countries or jurisdictions where its content is illegal is prohibited. Users who choose to use this Software are responsible for compliance with all local laws, rules, and regulations.

 

This EULA agreement is governed by and construed in accordance with the internal laws of the State of [STATE Q9] without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this EULA agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

The titles and headings of this EULA agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Each covenant and agreement in this EULA agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this EULA agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this EULA agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

 

 

Payment Processing

 

1.1. The Application utilizes the Stripe connect payment gateway (“Stripe”) to facilitate payment transactions for the services provided through the Application. Stripe is a third-party service provider, and by using the Application, you acknowledge and agree that any payment-related issues, disputes, or liabilities are solely between you and Stripe.

 

1.2. We are not responsible for any loss, damage, or liability incurred as a result of using Stripe’s services. You acknowledge that any payment-related matters, including but not limited to billing disputes, refunds, failed transactions, or security breaches, should be addressed directly with Stripe. Please refer to Stripe’s terms and conditions and privacy policy for further details on their services.

 

2.1. You agree to provide accurate and complete information while using the Application, particularly when making payments through the Stripe payment gateway.

 

2.2. You acknowledge that you are solely responsible for maintaining the confidentiality and security of your payment details, including but not limited to credit card information, bank account details, or any other payment method you choose to use through the Application.

 

2.3. You are solely responsible for any activity conducted through your account, whether authorized by you or not. You agree to notify us immediately of any unauthorized access or use of your account.

 

3.1. To the fullest extent permitted by applicable law, we disclaim any liability for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with the use of the Application, including but not limited to loss of profits, revenue, data, or business opportunities.

 

3.2. We make no warranties or representations, either express or implied, regarding the functionality, availability, reliability, or suitability of the Stripe payment gateway or the Application. We do not guarantee error-free or uninterrupted operation of the payment processing services.

 

3.3. The list of countries may change as per stripe policies based on international norms and conditions.

 

3.4. Any assistance related to payment failure, withdrawal, transactions will be handled with the stripe support team and the user.

 

 

a. You must be at least 18 years old to create an account and use the App.

b. You agree to provide accurate and complete information during the registration process and to keep your account information up to date.

c. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

 

a. The App allows users to post tasks, request services, and communicate with other users.

b. You agree to use the App solely for lawful purposes and in compliance with all applicable laws and regulations.

c. You will not use the App to engage in any fraudulent, illegal, or unauthorized activities.

d. You will not interfere with the proper functioning of the App or disrupt the experience of other users.

 

a. Users can post tasks, referred to as “Hitchdrop,” specifying the task details, location, date, time, and task fee.

b. Service providers can accept Hitchdrop and agree to carry out the specified tasks.

c. The task fee must be accurately represented, and any changes to the fee should be mutually agreed upon between the requester and the service provider.

d. Once a Hitchdrop is accepted, both the requester and the service provider are expected to fulfill their obligations as agreed upon.

 

a. Service providers must complete the tasks as specified in the Hitchdrop.

b. Requesters and service providers are encouraged to communicate through the App’s chat feature to ensure clarity and smooth task execution.

c. Once the task is successfully completed, the payment, after deducting HitchLine’s commission, will be credited to the service provider’s wallet.

d. If a task is not completed as agreed upon, the payment will be returned to the requester.

 

a. The App requires access to your GPS location to provide accurate task information and match users in the same area.

b. You understand and consent to the collection and use of your GPS location while using the App.

c. We respect your privacy and will handle your personal information in accordance with our Privacy Policy.

 

a. The App and its content, including but not limited to text, graphics, logos, and images, are protected by intellectual property laws.

b. You agree not to copy, modify, distribute, or create derivative works based on the App’s content without our prior written consent.

 

a. We reserve the right to suspend or terminate your access to the App, at our sole discretion, for any reason and without prior notice.

b. You may terminate your account at any time by following the instructions provided in the App.

 

a. The App is provided on an “as-is” basis without any warranties or guarantees.

b. We do not warrant that the App will be error-free, secure, or uninterrupted. 

Prohibited Conduct:

a. You agree not to engage in any of the following prohibited conduct while using the App:

i. Harassing, intimidating, or threatening other users.

ii. Posting or transmitting any content that is unlawful, offensive, or objectionable.

iii. Uploading or sharing any content that infringes upon the intellectual property rights of others.

iv. Impersonating any person or entity, or falsely representing your affiliation with any person or entity.

v. Attempting to gain unauthorized access to the App’s servers, systems, or user accounts.

vi. Engaging in any activity that could disable, overburden, or impair the functionality of the App.

 

a. By posting or sharing any content on the App, you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, distribute, and display the content.

b. You are solely responsible for the content you post or share on the App, and you represent that you have all necessary rights to do so.

 

a. The App may contain links to third-party websites or services that are not owned or controlled by HitchLine LLC.

b. We do not endorse, guarantee, or assume responsibility for the accuracy, legality, or authenticity of any content or services provided by third parties.

c. Your interactions with third-party services or websites are solely between you and the third party, and we shall not be liable for any damages or losses arising from such interactions.

 

Indemnification:

a. You agree to indemnify and hold HitchLine LLC., its affiliates, officers, directors, employees, and agents harmless from any claims, demands, losses, liabilities, costs, or expenses arising out of or in connection with your use of the App, your violation of these Terms, or your violation of any rights of another party.

 

a. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

 

a. These Terms in this page constitute the entire agreement between you and HitchLine LLC. regarding the use of the App, superseding any prior agreements or understandings.

 

 

The profile photo verification process awards a verified badge to a user’s profile after uploading their profile photo and completing a liveness test. This test ensures a minimum 90% accuracy in matching facial features. It’s important to note that while this function confirms the match between the profile photo and the user’s live facial features in the API system, it does not guarantee the authenticity of the profile. Any potential future issues related to this verification process are not the responsibility of HitchLine.

 

 

HitchLine E-wallet enables users to add funds for services and receive payments for assigned tasks through HitchDrop services. It’s important to note that this feature does not guarantee transactions, as it may involve third-party services like Stripe and other payment gateways.

 

The warranty for this feature is contingent on the service policies within the user’s region, as determined by the third-party services collaborating with HitchLine.

 

Users acknowledge and accept that no warranty or guarantee is provided for funds allocated through HitchLine E-wallet if any services are altered due to company or third-party policies, or events leading to service disruptions on HitchLine.

 

The utilization of wallet payments must adhere to regional legal policies. Withdrawals are subject to regional policies necessary for the successful transfer of funds from the HitchLine wallet to the user’s account connected through Stripe payment gateway services.

 

Users agrees to the terms and conditions mentioned here with legal contingencies for global services provided through HitchLine. A 20% service charge will be deducted of the amount the user withdraws from the HitchLine E-Wallet.

 

 

HitchLine’s privacy policies, intertwined with the terms and conditions, are designed to safeguard users and ensure HitchLine’s compliance with the highest privacy standards for its global user base. While HitchLine offers various features, users bear the responsibility of using them responsibly, ensuring no harm, whether public or private, is inflicted through any provided services. In the event of disruptions, losses, or issues causing harm, HitchLine may not be held responsible.

 

HitchLine is committed to continuous learning and endeavors to provide its services with the utmost safety and privacy for all users. Users are expected to align with global policies and regional legal regulations to ensure community and personal safety.

 

HitchLine explicitly disclaims responsibility for how users utilize its services and features. It is solely the user’s responsibility to adhere to rules and regulations. Users must also uphold the moral responsibility to prevent harm or threats to both HitchLine users and non-users through any of its services.

 

Created for the well-being and benefit of global communities, HitchLine expects users to use its platform in compliance with its intended purpose. Violation of these regulations may result in user suspension, blockage, and potential legal actions by HitchLine or other users on the platform.

 

 

HitchDrop service is to be used ensuring safety, respecting user privacies of users and non users of HitchLine with consents. HitchDrop services should be used without harm and threat to any global policies, people, companies etc. HitchDrop servicea are to be used with understanding and compliance to global and local rules and regulations of users. 

 

The service does not provide any guarantee or waranty however HitchLine is constantly in the process to provide a good user experince to all our users. HitchDrop services maybe inturupted or may not be completed by the service providers. The task initiated by users can be cancelled as per the algorithm solutions provided by HitchLine application which may change as per company requirements. The HitchDrop services maybe cancelled deleted or removed by the service provider if required, which will payback the service initiator. The service charges maybe derived based on user scenarios without specific definition of cases by HitchLine if any transactions takes place.

 

A 20% service fee will be added to the amount that the users agree to be paid for the services on the HitchDrop feature for HitchLine.

 

The users agrees to abide by the rules and regulations of the legal boundaries and policies of HitchLine.

 

 

 

Users are solely responsible for the content (images/videos) they upload as part of their Tales. Users must ensure that they have the necessary rights and permissions for the content they share.

 

 

Users can choose between Public and Private settings for their Tales.

Public Tales are visible to all users, while Private Tales are restricted to the user’s friends on HitchLine.

 

 

Users must adhere to community guidelines and avoid sharing content that is offensive, explicit, or violates any applicable laws.

 

 

Suggested Tales may feature stories from non-friend users. Users should be respectful and considerate in their interactions with these stories.

 

 

Users can share Tale links, but must respect the privacy settings of the original post. Comments on Tales should be constructive and respectful. Hate speech, harassment, or any form of abuse is strictly prohibited.

 

 

Users can report inappropriate content through the app’s reporting system. HitchLine reserves the right to moderate and take action against content that violates these terms and conditions.

 

 

Users must respect the intellectual property rights of others. Do not upload content that infringes on copyrights, trademarks, or any other intellectual property rights.

 

 

Users must comply with all applicable laws and regulations when using the Tales feature. HitchLine will cooperate with legal authorities and may disclose user information in response to a legal request.

 

 

Users should be cautious about sharing sensitive personal information in Tales to ensure their own safety.

 

 

HitchLine reserves the right to suspend or terminate access to the Tales feature for users who violate these terms and conditions.

 

 

These terms and conditions may be updated from time to time, and users are encouraged to review them regularly.

 

*By using the Tales feature on HitchLine, users agree to abide by these terms and conditions. Failure to comply may result in the removal of content, suspension, or termination of their HitchLine account.

 

 

 

By using the ChatRoom feature, users agree to abide by these terms and conditions.

 

 

Users are responsible for maintaining the privacy and safety of their conversations in the ChatRoom. Users should avoid sharing sensitive personal information with strangers.

 

 

Users acknowledge that the ChatRoom may display private and commercial ads to generate additional income for HitchLine. Users understand that these ads are part of the platform’s revenue model.

 

 

Active chats are displayed based on the user’s last online time and region. The “Received” tab shows users who have sent chat requests to the user.

 

 

The filtering option allows users to find chat partners based on gender and language preferences. Users should use filtering responsibly and respect the preferences of others.

 

 

The “Signout” function clears all previous and active chats in the ChatRoom. Signing out also means the user’s last seen time will not be displayed in the ChatRoom.

 

 

The “Back” function allows users to keep chats active in the ChatRoom while using other functions of the HitchLine app. Users remain online in the ChatRoom during this time.

 

 

Users must adhere to community guidelines and avoid engaging in inappropriate, offensive, or harmful behavior in the ChatRoom.

 

 

Users can report inappropriate behavior or content in the ChatRoom. HitchLine reserves the right to moderate and take action against users who violate these terms and conditions.

 

 

HitchLine reserves the right to suspend or terminate access to the ChatRoom for users who violate these terms and conditions.

 

 

Users must comply with all applicable laws and regulations when using the ChatRoom feature. HitchLine will cooperate with legal authorities and may disclose user information in response to a legal request.

 

 

These terms and conditions may be updated from time to time, and users are encouraged to review them regularly.

 

*By using the ChatRoom feature on HitchLine, users agree to these terms and conditions. Failure to comply may result in the removal of content, suspension, or termination of their HitchLine account.

 

 

 

Users are encouraged to use Primary Chat for private networking with friends and family. The HQ audio and HD video call functions are available globally in 195+ countries, including the GCC, without the need for a VPN. These functions may be applicable to any changes in the future and provides no gurantee or warantee of services. Chat Translation in 135+ languages is a feature to enhance communication globally.

 

 

Users can share voice notes, images, videos, files, etc., within the Primary Chat. The users are responsible to ensure safe sharing of contents without providing any harm to global users abiding by the community guidelines.

 

 

The Clear Chat option allows users to delete the entire conversation, leaving a mark indicating who deleted the chats.

 

 

Users are encouraged to report any inappropriate behavior or content in Primary Chat for moderation.

 

Communication with Service Providers:

 

Business Chat allows users to communicate with service providers and initiators for notices and services.

 

 

Video and audio call functions are available only once the person accepts the request and during the time of service. Video call icons appear at the destination, and upon completion of the service, the video call icon is hidden while chat remains open.

 

Users are expected to use video and audio calls responsibly and only during the service duration.

 

 

Requests Chat provides enhanced privacy and control over who can communicate with the user.

 

 

Users can choose and control who gets to communicate with them over chat from around the world.

 

 

Users are encouraged to report any unwanted or inappropriate communication in Requests Chat for moderation.

 

 

Users must adhere to community guidelines across all chat features to ensure respectful and appropriate behavior.

 

 

Users must comply with all applicable laws and regulations when using any chat features on HitchLine.

 

 

HitchLine reserves the right to moderate and take actions against users who violate these terms and conditions.

 

 

These terms and conditions may be updated from time to time, and users are encouraged to review them regularly.

 

*By using the chat features on HitchLine, users agree to abide by these terms and conditions. Failure to comply may result in the removal of content, suspension, or termination of their HitchLine account.

 

 

Data and Privacy Terms and Conditions for HitchLine Users:

 

 

HitchLine prioritizes the privacy and safety of its users’ data. Users can trust that their personal information will be treated with the utmost confidentiality.

 

 

Users acknowledge that the terms and conditions regarding data and privacy may change as per company policy. While HitchLine will strive to provide the best safety measures for user privacy, no guarantee or warranty is provided.

 

 

Users understand that, despite the best efforts, the possibility of cyber attacks or breaches of user details exists. In such cases, users agree not to hold HitchLine liable under any legal formalities.

 

 

HitchLine is committed to doing its best to ensure user privacy and will continuously work to improve its security measures.

 

 

Users acknowledge that HitchLine may use their data for company purposes, including but not limited to improving services, research, conducting internal studies, and enhancing user experience.

 

 

Users understand that future advertisements may be displayed based on their data and usage patterns. These advertisements are designed to enhance the user experience and provide relevant content with the user consent.

 

 

HitchLine encourages a positive and respectful user community. Users are expected to adhere to community guidelines and legal boundaries when interacting with the HitchLine platform.

 

 

HitchLine is dedicated to the best interests of its users and strives to create a community that prioritizes user satisfaction, safety, and privacy.

 

 

These terms and conditions may be updated from time to time, and users are encouraged to review them regularly.

 

 

By using HitchLine, users agree to these terms and conditions. Users understand that the company’s commitment to privacy is a priority but may be subject to change based on evolving circumstances.

 

 

In addition to other terms as set forth in the Agreement, you are prohibited from using the Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

 

 

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by HitchLine LLC or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with HitchLine LLC. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of HitchLine LLC or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of HitchLine LLC or third party trademarks.

 

 

You agree that such Service is provided on an “as is” and “as available” basis and that your use of the Services is solely at your own risk. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

 

 

To the fullest extent permitted by applicable law, in no event will HitchLine LLC, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of HitchLine LLC and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to HitchLine LLC for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

 

 

You agree to indemnify and hold HitchLine LLC and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Services or any willful misconduct on your part.

 

 

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

 

 

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Delaware, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Delaware, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

 

 

You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.

 

 

We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification within the Services. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

 

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

 

 

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

 

 

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below: