terms
TERMS AND CONDITIONS FOR PROVISION OF INTERNET SERVICES:
THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF BRINGYOUR SERVICES
PLEASE READ THEM CAREFULLY
This Terms and Conditions (the "Agreement") is entered into between the Customer ("You", "Your", "Customer") and Bring Your, LLC (hereinafter referred to as "Provider"). This Agreement includes BringYour's Privacy Policy as set forth at bringyour.com (the "Website") and any restrictions, instructions, and prohibitions located on the Website or Mobile App (collectively, "Agreement"). BY INSTALLING OR USING THE APPLICATION OR SERVICES, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR DEVICES.
Customer and Provider enter into an agreement, (the "Agreement") as follows:
Provider has developed peer-to-peer networking technology and a mobile application (the "Application") to enable Customer to access its own networks or subnetworks as described on the Website or Mobile App (and incorporated here by reference) (the "Service"). Subject to the terms of this Agreement, Provider grants you a limited, non-exclusive, and nontransferable license to:
a. download, install, and use the Application for your personal use on a device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation; and
b. use on such Mobile Device the Services made available in or otherwise accessible through the Application, strictly in accordance with this Agreement
Application License Restrictions. You shall not:
a. copy the Application, except as expressly permitted by this license;
b. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
c. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
d. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
e. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
f. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Provider and its licensors shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Your Contributions. If you decide to provide egress sites or contribute bandwidth (as further described on the Website or Mobile App ("Your Contributions"), you may receive credits (minus any service fees) in the form of digital assets. These amount per service or may vary depending on market conditions and timing, and the digital assets may increase or decrease in value. These digital assets are provided as an incidental benefit to the Service and you agree that the maximum redeemable value owed by Provider for any digital assets outside of the Service is $0.01. You agree that contributing egress sites or bandwidth is at your own risk and that Provider is not responsible for the actions of any users or any violations of agreements or laws. Please see the Website or App for additional pricing or restrictions.
Service and Performance. PROVIDER WILL FURNISH THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF AND RELIANCE ON THE SERVICES OR ANY INFORMATION OR FEATURE PROVIDED THEREIN ARE AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR LEGAL CONSEQUENCES WHICH OCCUR AS A RESULT OF YOUR USE OF THE SERVICES or YOUR CONTRIBITIONS. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE AVAILABLE ON A CONTINUOUS BASIS, SECURED, FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR PROGRAM LIMITATIONS. WE MAKE NO WARRANTY THAT WE WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS. WE DO NOT, EITHER EXPRESSLY OR IMPLIEDLY ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA OR OTHER DAMAGE TO DEVICE). THIS DISCLAIMER SHALL APPLY TO ALL ADVICE, ASSISTANCE, DATA, INFORMATION, OR SERVICE, NOW OR SUBSEQUENTLY FURNISHED, DELIVERED OR MADE AVAILABLE BY PROVIDER, ITS AFFILIATES, ITS CONTRACTORS, MANAGERS, MEMBERS OR THEIR RESPECTIVE EMPLOYEES OR AGENTS.
Neither Provider, nor its agents, contractors, employees, manager(s), or members (collectively referred to hereafter as "Provider's Group"), will be responsible for, and Customer waives and relinquishes any claim against Provider's Group for any damage, loss, cost or other expense, whether direct, indirect, consequential or incidental, that Customer or any third party may suffer which is related to, or results from Customer's use of the Service. This includes, but is not limited to, loss of data or business resulting from delays, non-delivery, mis-delivery, or interruptions as a result of Provider's or Customer's (in)actions. CUSTOMER EXPRESSLY ASSUMES ALL RISKS ASSOCIATED WITH CUSTOMER'S USE OF THE SERVICE, including but not limited to those that might occur from the introduction into Customer's computer(s) or networks of viruses, worms, Trojan Horses, or from unauthorized entry or entries into Customer's computer(s) or any other problem, which result from use of, or occur through the Service. Customer agrees to defend, indemnify and hold harmless, to the extent permitted by law, Provider's Group from any damage, loss, cost, or expense that may occur to Customer or any third party as a result of the use of the Service. Customer agrees to defend, indemnify and hold Provider's Group harmless from any and all liabilities, costs, judgements and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this Agreement by Customer, or by a third party or parties accessing the Service through Customer; (b) use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by Customer, or by a third party or parties accessing the Service through Customer: (c) claims for infringement of patents, trademarks, trade secrets or copyrights arising from Customer's use or use by a third party or parties accessing the Service through Customer, of equipment and software, apparatus and systems, (whether or not furnished by Provider), in connection with the Service.
No Liability for Content. Customer acknowledges that Provider exercises no control over the form, content or nature of data, images, information, material or anything of whatever nature passing through the connection, (hereafter collectively referred to as "Data") between Customer and Provider or obtained from any Data base maintained by Provider or others, except as may occur pursuant to the provisions of this Agreement. Customer assumes the entire risk that may arise from the use or transmission from, through or to itself of any Data, WHICH MAY INCLUDE SEXUALLY EXPLICIT MATERIAL OR MATERIAL OFFENSIVE OR OBSCENE TO SOME PERSONS. Provider shall have no duty or obligation to advise Customer of any risk that may arise from the availability, use, possession or transmission of Data or provide any information relating thereto, even if at any time Provider should attempt to do so. Provider does not monitor has no obligation to monitor any data that passes through the Service and avails itself of the rights and immunities afforded to service providers under the Digital Millennium Copyright Act and Section 230 of the Communications Decency Act. Should Provider, become aware of Data which, it, in its sole discretion, deems to be in violation of this Agreement, unacceptable or undesirable, it may remove or refuse to post or transmit the Data or terminate Customer's access. Provider's liability for any allegedly defective service provided under this Agreement shall not exceed the amount paid by Customer to Provider over the past six months. The Service provided to Customer shall be considered to have been accepted unless Customer shall provide written notice detailing the portion or portions of the Service alleged to be defective or inadequate to Provider no later than ten days after the day the allegedly defective or inadequate services were furnished by Provider.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WE (INCLUDING, WITHOUT LIMITATION, OUR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, VENDORS, DISTRIBUTORS, THIRD PARTY LICENSORS, OR EQUIPMENT AND SERVICE PROVIDERS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, VICARIOUS, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, BREACHES OF CONTRACT, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THESE TERMS, THE SERVICES, OR YOUR USE OR INABILITY TO USE THE SERVICES. OUR LIABILITY SHALL NOT EXCEED THE COST OF THE SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Lawful Use. Customer is solely responsible for complying with all applicable laws and agreements with third parties and ensuring that use of the Services does not result in breach of any laws, agreements, or obligations to third parties. Customer agrees that it shall only use the Services and to access networks to which it has express rights or permission by the respective network owner. All use of Provider's services must be for lawful purposes and in accordance with any policy of any network accessed through Provider. Customer shall neither use, nor permit use of Provider's services in violation of any applicable federal, state or local statute, law, ordinance, regulation or rule, all of which are hereafter collectively referred to as "Governmental Rule". Customer agrees that Provider may monitor and disclose information where required to do so by law or government order. Should use of the Service by Customer or by a third party or parties accessing the Service through Customer, cause Provider's internet source to advise Provider that it will terminate or restrict Provider's connectivity to the Internet, unless some specified action is taken, Provider may temporarily suspend the Service, or some part thereof, limit or prevent use of the Service by a particular person, group or entity, and/or terminate this Agreement. No reduction in the Service Fee will be made if the Service or a part thereof is suspended or if a particular person, group or entity is not permitted to use the Service as provided in the previous sentence.
Customer Use. Any conduct by Customer that, in Provider's sole discretion, inhibits or restricts any other customer, person or entity from using or enjoying Provider's Internet Service shall entitle Provider to immediately disconnect Provider's Internet Service to Customer and terminate this Agreement without notice. Customer agrees to use Provider's Internet Service only for lawful purposes. Customer may not use, or allow others to use, Customer's Provider's Internet Service account, either directly or indirectly, to:
a. post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to, material that would constitute or encourage copyright or trademark infringement, a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
b. post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk e-mails), promotional materials or other forms of solicitation to other individuals or entities;
c. unlawfully access other computers or services, or to cause a disruption of service to other on-line users; or
d. cause disruption to Provider's network, nodes, or services.
Notices.
a. We may amend this Agreement from time to time, at our sole discretion and without any notice. It is your obligation to periodically review this Agreement to ensure compliance. We will make a reasonable effort, at our sole discretion, to provide you with a notification regarding what we believe are material changes to these terms. Such material changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to these terms are effective as of the stated "Last Revised" date and your continued use of the Services following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. Notices or other communications required or permitted to be given pursuant to this Agreement shall be in writing and shall be considered as properly given if sent by email or mailed by certified mail, or provided through the application interface.
b. A party may change the address or phone numbers set out above for purposes of notice under this contract by giving written notice to the other party or parties hereto of such change in the same manner as is provided above.
Default. Default under this Agreement is a failure to comply with a material term or condition hereof. In the event of a default, the non-defaulting party may give the other party written notice specifying the default and the defaulting party shall have ten (10) days thereafter in which to cure same. If the default is by Customer, and not timely cured, Provider may; (i), terminate service to Customer and retain all prepaid amounts, or (ii) interrupt the Service until the default is cured with no refund of any prepaid amounts. In addition, Provider may also declare due and demand immediate payment of, any installments remaining unpaid, with interest thereon at the rate of (18%) per annum from the date of default in payment thereof until fully and finally paid, along with reasonable attorney's fees, court costs or other expenses it may incur in enforcing this Agreement. If this Agreement is terminated by mutual agreement or, if Provider fails to cure a noticed default, Customer's sole remedy is to cancel any subscription through the applicable Application Store. Failure to declare any default immediately upon occurrence, or a delay in taking any action in connection therewith, shall not waive such default nor any legal right or privilege to take action at any time thereafter. Termination of service by Provider does not relieve Customer of existing debts or obligations pursuant to this Agreement.
Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
Governing Law. This Agreement shall be subject to and governed under the laws of the State of Texas. Any and all obligations and payments are due and performable and payable in Harris County, Texas. The parties agree that jurisdiction and venue for purpose of any and all lawsuits, causes of action, arbitration, or other disputes shall be in Harris County, Texas.
Force Majeure. Neither party shall be liable or responsible to the other party for any delay, damage, loss, failure or inability to perform caused by "force majeure". The term "force majeure," as used in this Agreement, shall include the following: an act of God, strike, act of a public enemy, war, mines or other items of ordinance, blockage, public rioting, lightning, fire, storm, hurricane, flood, explosions, inability to obtain materials, supplies, labor permits, servitude, or rights of way, acts or restraints of any governmental authority, epidemics, landslides, lightning storms, earthquakes, washouts, arrests, restraints of rulers and people, civil disturbances, explosions, breakage or accident to machinery or lines of equipment, temporary failure of equipment, freezing of equipment, and any other cause, whether of the kinds specifically enumerated above or otherwise, which is not reasonably within the control of the parties and which by the exercise of due diligence could not reasonably be prevented or overcome. Events reasonably within the control of the party having the difficulty shall not constitute "force majeure" and shall be remedied with the exercise of due diligence. This paragraph does not apply to payments due under this Agreement.
Payment. All payments are done through the applicable application store such as Google's Play Store or Apple's App Store (each an "Application Store") and are subject to such Application Store terms with regards to charge of the Subscription, cancellation, refunds all of the payment terms. For more information regarding Cancellation see the applicable Application Store subscription cancellation webpages.
Intellectual Property. Except as expressly granted herein, we retain all right, title and interest in and to our Services, as well as any content provided or made available in connection with the Services (excluding Third Party Services). We reserve the right to disable access to the Services by anyone who uses them to infringe intellectual property rights.
Provider reserves the right, at any time and from time to time, at its own discretion, to add Services, to modify, suspend, terminate or discontinue any or all the Services, or any part thereof or any user's access thereto. Where we assume that such change may affects an existing Service, we will provide you with a prior written notice and you may be able to terminate the Service. We may, at any time and at our sole discretion, change, modify, add, or remove features and functionality of our Services without notice. You hereby agree that we may automatically download and install updates, from time to time, without prior notification. These updates are designed to improve, enhance, and further develop the Services. You agree to receive such updates as part of your use of the Services. If we believe that such updates or upgrades shall materially affect your use of the Services or your rights, we will make a reasonable effort to provide notification to you of such.
Indemnification. You hereby expressly agree to indemnify, defend, and hold us (including our affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers and partners) harmless from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney fees) arising from: (i) your use of any of our Services; (ii) your violation and/or breach of any term of these Terms; and (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Services (including your violation of any third party rights).
Termination. This Agreement, the license provided herein, and Customer's right to use Provider's Internet Service may be terminated by Provider at any time for violations of provisions contained in this Agreement, and most specifically, if Customer violates any of the terms of Section 13 of this Agreement. Customer may terminate this Agreement at any time deleting all apps or software and notifying Provider.
Binding Agreement. This agreement shall be binding upon and inure to the benefit of the parties, their respective heirs, executors, administrators, legal representatives, successors and assigns, except that it may not be assigned by Customer.
Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
This document and the Privacy Policy and any other policies on the Website or Mobile App constitute the entire agreement between Provider and Customer. This agreement may not be modified except in writing and when signed by duly authorized representatives of Provider and Customer. In the event Customer issues a purchase order, memorandum, specifications or other instrument covering the services provided, such purchase order, memorandum, specifications, or instrument is for Customer's internal purposes only, and any and all terms and conditions contained therein, whether printed or written, shall not be of any force or effect as between the parties to this Agreement. All parties hereby acknowledge that they have read and understood this Agreement and any attachments and exhibits thereto. This agreement is effective as of the Commencement Date, and remains in effect until terminated pursuant to its terms.
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