Acceptance of Terms and conditions
By continuing to use the Services, you agree as follows:
• You understand that the Terms and conditions in this agreement are legally binding and your acceptance is the equivalent of a signed, written contract;
• You will use the Services in a manner consistent with applicable laws and regulations and in accordance with the Terms and conditions in this Agreement as it may be amended by Owner from time to time;
• If you are accepting these Terms and conditions and using the Services on behalf of a company, organization, government, or other legal entity, you represent and acknowledge that you are authorized to do so and have the authority to bind such entity to these Terms and conditions, in which case the words “you” and “your” as used in these Terms and conditions shall refer to such entity;
• You understand, accept, and have received these Terms and conditions, and acknowledge and demonstrate that you can access these Terms and conditions.
If you do not agree with the Terms and conditions in this Agreement, please discontinue all further use of the Services.
Use of Owner Services
The following requirements apply to your use of the Services:
Who May Use the Services
We understand that our Services contains Content pertaining to the promotion of legal entities which partake in the promotion and consumption of alcoholic beverages. For this reason you must be at least 18 years or older to use the Services as well as abide by the legal drinking age as set by the governing body applicable to your location.
Restrictions to the Use of the Services
You will not use any electronic communication feature of the Services for any purpose that is unlawful, tortious, abusive, intrusive on another user’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
You will not provide inaccurate information or falsely identify as another real or fictitious individual or claim ownership of any establishment on the Application through registering a legal entity if you do not represent and are authorized to do so on behalf of the individual or legal entity.
You will not use the Services to upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
You will not collect or store personal data about other users of the Services.
You will not use the Services for any commercial purpose not expressly approved by Owner in writing.
You will not use the Service to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail”, “surveys”, “spam”, “chain letters”, “pyramid schemes, “or any other form of solicitation or unauthorized communication.
You will not upload, post, email or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software, or hardware, or telecommunications equipment.
You will not use the Services when you are operating a motor vehicle, even if doing so is legally permitted in your location.
You will not use the Services in any manner to attempt or commit any crime.
Content On the Services
You are responsible for your use of the Services and for any Content you share, including compliance with applicable laws and regulations. You should not provide any Content that you are not comfortable sharing with others.
We want the move to be a place you feel comfortable sharing Content. For that reason, you reserve the rights to the Content you provide on the Services. We will not host, use, distribute, modify, run, copy, publicly perform or display, and translate your content without your express consent.
We reserve the right to remove any Content that violates our Terms or any other copyright or intellectual property laws, rules, or regulations. Furthermore, we reserve the right to modify, suspend, and remove your account from the Services as we deem necessary. For example, if it violates our Terms or infringes someone else’s intellectual property rights.
You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Services).
Owner may amend this Agreement from time to time. Any amendments will be effective upon posting of such updated terms either on Owner’s website or through the other Services. Your continued use or access of the Application after any such posting of an amendment confirms your consent to be bound by the Agreement. If you reject any future amendments to this Agreement, you must provide Owner notice of your objection, in writing, to Owner’s registered agent. Your objection to future amendments to this Agreement will continue to bind you to the then most current Agreement prior to your objection. Objections to this Agreement, at any time in the future, may result in your inability to use the Services in the future.
You agree to be bound by any affirmance, assent, or agreement you transmit to Owner using the Application, including but not limited to any consent you give to receive communications from Owner solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field in the Application, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Owner does not charge for the general use of the Services for end user’s, but your carrier’s data rates may apply to your use of the Services.
Security of Data Transmission and Storage
Electronic communications using the Services may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and Owner or between you and other parties.
Owner and its affiliates, and agents are permitted, but not obligated, to review or retain your Communications. Owner may monitor your Communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the Services, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Owner or its affiliates or agents monitor your Communications and enforces or fails to enforce the Terms of the Agreement. In no event will Owner
or any of its affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by Owner or its affiliates or agents.
The Services may contain links to other sites. Owner does not control such other sites, and Owner and its affiliates and agents make no representations whatsoever concerning the content, accuracy, security or privacy of those sites. The fact that Owner has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners or its providers. There are risks in using any information, software, or products found on the Internet, and Owner cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Owner or its affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on other sites.
Trademarks and Copyrights
The Services are owned by Owner or its affiliates or agents, and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Owner or its affiliates or agents. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed in the Services without the written permission of Owner or such third party that may own the trademarks displayed in the Services. Your use of the trademarks displayed in the Services, or any other content in the Services, except as provided herein, is strictly prohibited.
Images displayed through the Services are either the property of, or used with permission by, Owner or its affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under the Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
Disclaimers of Warranties
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. THE SERVICES IS PROVIDED BY OWNER ON AN “AS IS” BASIS. OWNER 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. OWNER MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNER, OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY REGARDING THE SERVICES NOT EXPRESSLY STATED IN THIS TERMS
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODS, GOODWILL, USE, DATA, PHYSICAL OR FINANCIAL HARM OF YOU OR OTHERS, OR OTHER INTANGIBLE LOSSES (EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR ANY OTHER MATTER RELATING TO THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER IS MERELY A PROVIDER OF SOFTWARE AND EXERCISES NO CONTROL OR RIGHTS OVER THE USERS OF THE APPLICATION. THE ENTITIES UTILIZING THE APPLICATION ARE SOLELY RESPONSIBLE FOR THE MANNER OF USE, THE USERS, AND THE OWNERS OR REPRESENTATIVES FOR ALL LEGAL ENTITIES ON THE APPLICATION. OWNER HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR THE USE OF ITS APPLICATION BY THIRD PARTIES. SPECIFICALLY, YOU AND OTHER
THIRD PARTIES ARE SOLELY RESPONSIBLE FOR ENSURING THE SAFETY OF DRIVERS, PASSENGERS, AND OTHERS WHILE USING THE APPLICATION FOR RIDE SHARING PURPOSES. NO DRIVERS OR USERS ARE EMPLOYEES, INDEPENDENT CONTRACTORS, OR IN ANY WAY AFFILIATED WITH OWNER.
You agree to indemnify and hold Owner and its affiliates, agents, employees, and licensors harmless from any claim, demand, loss, costs, or expense, including attorneys’ fees, made by any person arising out of your violation of this Agreement, state or federal securities laws or regulations, or any other person’s rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will Owner or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, the Services.
The Terms, and all future agreements you shall enter into with Owner, unless otherwise indicated on such other agreement, shall be governed by the law of the State of Missouri, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Owner or any of its affiliates or agents in the State of Missouri or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Boone, Missouri. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
By agreeing to these Terms, you agree to resolve any claim, conflict, or controversy involving your use of the Services, or that makes Owner a necessary or permissive party to such claim, in arbitration. You further agree that any claim brought against Owner shall be on an individual basis and you are hereby precluded from bringing any class, collective, or representative action against Owner.
You specifically agree that any dispute, claim, or controversy arising out of or relating to your use of the Services or the Terms, will be settled by binding arbitration between You and Owner, and not in a court of law. You waive Your right to a trial by jury or to participate as a plaintiff or class member in any class action. Any such arbitration shall be administered by the American Arbitration Association (“AAA”), in accordance with the then existing rules and procedures of the AAA. The Arbitrator shall have the exclusive authority to resolve any disputes and his/her decisions shall be binding on all parties. You agree that any action or dispute to be resolved through this Arbitration provision shall be resolved in Greene County, Missouri.
This Agreement constitutes the entire agreement between you and Owner regarding the Application, and governs your use of the Services, superseding any prior agreements between you and Owner regarding the Services. If any provision of this Agreement shall be held invalid under law, such invalidity shall not affect any other provision or provisions hereof which are otherwise valid. The failure of Owner to enforce any provision in this Agreement shall not constitute a waiver of such provision or any other provision.