Updated: May 14, 2022
These terms and conditions (“Terms”) are between Lavngarde, PBC (“Company”, “we”, “our”, and “us”) and you and your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, “you” and “your”) and govern your access to and/or use of our mobile application (including without limitation any services, products, content, downloads, audio recordings, videos, and/or any other materials available therein) (collectively, the “App”). If you do not agree with these Terms, you shall not use the App.
BY DOWNLOADING THE APP AND CLICKING TO AGREE TO THIS TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TERMS, AS WELL AS ALL OTHER APPLICABLE RULES OR POLICIES, TERMS AND CONDITIONS AND/OR TERMS THAT ARE AND/OR MAY BE ESTABLISHED BY COMPANY FROM TIME TO TIME, AND THE FOREGOING SHALL BE INCORPORATED HEREIN BY REFERENCE. PLEASE READ THIS TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THIS TERMS, YOU MUST NOT ACCESS AND/OR USE THE APP. IF AN INDIVIDUAL IS AGREEING TO THESE TERMS ON BEHALF OF A LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THE INDIVIDUAL HAS THE LEGAL AUTHORITY TO BIND SUCH ENTITY. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHALL NOT USE THE APP.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PARTIES ARE WAIVING THEIR RIGHT TO A TRIAL BY JURY IN THE EVENT OF ARBITRATION.
PRIVACY: YOU ACKNOWLEDGE AND AGREE YOU HAVE READ AND AGREE TO COMPANY’S PRIVACY NOTICE https://lavngarde.com/privacy-policy,AS MAY BE CHANGED FROM TIME TO TIME BY COMPANY IN ITS SOLE AND ABSOLUTE DISCRETION, AND WHICH SUCH THEN-CURRENT VERSION SHALL BE INCORPORATED HEREIN BY REFERENCE (“PRIVACY NOTICE”).
Company’s App is a mobile application that makes available to the user information about individuals that the user may encounter online. The App enables the user to perform background checks, schedule a time and location for a personal meeting with an individual and provide feedback after any meeting. You agree to access and/or use such App in accordance with the applicable terms and conditions as further described herein.
You will need to register for an account in order to access and use the App. You agree to provide true, accurate and current information in connection with your access to and/or use of the App and your account. You may be asked to provide certain information to access certain portions of the App or to receive certain resources made available by Company. You must ensure that any user IDs, passwords, and other access credentials are kept strictly confidential and not shared with any unauthorized person. From time to time, we may restrict access to all or part of the App as we may determine in our sole discretion. You will comply with all applicable laws, rules and/or regulations when accessing and/or using the App. You are responsible for making arrangements necessary to use the App, such as securing a mobile device and/or internet access. You are responsible for ensuring that all persons who access the App through your mobile device and/or internet connection are aware of these Terms and comply with these Terms. You agree to notify Company immediately of any unauthorized access to or use of the App or any other breach of security.
a. Fees. The fee for your access to and/or use of the App is as displayed on the App when you establish an account on the App, or as otherwise communicated to you by Company. Such fee shall be due and payable either once or monthly in advance depending on the option you elect when you establish an account on the App. All fees, expenses and taxes due hereunder will be paid in U.S. Dollars. Company’s fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes“), and you are responsible for paying all Taxes (if any) in relation to your access to and/or use of the App. In the event that fees are not paid when due, Company may, in addition to other available remedies, suspend your access to all or part of the App without liability. Fees paid are non-refundable.
b. Payment Method. Company uses a third-party service provider, ‘Apple Pay’, to execute online payment transactions related to your account. You authorize Company and/or its third-party service provider to automatically charge the payment account for the fees. If your payment account is closed, the account information is changed, or a payment is rejected by your account, you shall immediately update the account or supply a new account, as appropriate. By using the App and agreeing to these Terms, you also agree to be bound by ‘Apple Pay’s terms of service’. Any authorization you provide to make automatic payments using the App will remain in effect until this Terms is terminated. You are responsible for all transactions (one-time, recurring, and refunds) processed through the App and/or Apple Pay.
3. PRIVACY NOTICE
By accessing and/or using our App, you agree to the Privacy Notice and consent to any personal information we may obtain about you being collected, stored, shared and/or processed in accordance with the Privacy Notice and these Terms.
You must be at least eighteen (18) years of age or older to access and/or use the App. By accessing and/or using the App, you represent and warrant that you are at least eighteen (18) years of age. No one under the age of eighteen (18) may use the App, provide any information on the App or to us. The ‘Children’s Online Privacy Protection Act’ requires that companies obtain verifiable parental consent before they knowingly collect personal information online from children under the age of thirteen (13). Company does not knowingly collect or solicit information from children under the age of thirteen (13). If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information. If you think someone under the age of thirteen (13) has provided us with personal information, please contact us at firstname.lastname@example.org.
5. COMMUNICATIONS FROM COMPANY
When accessing and/or using the App, you are communicating with us electronically, and consent to receive communications from us electronically. We will communicate with you by posting notices on the App or by email if you provide your email address to us. You may continue to receive electronic communications from Company (which may include without limitation promotional and advertising material and information about Company) unless or until you elect to opt-out of receiving such communications and notify Company at email@example.com that you no longer desire to receive communications from us. You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. UPDATES TO TERMS
a. Changes. Company may update these Terms in its sole discretion, at any time, in whole or in part. If Company makes changes and/or modifications that impact your use of and/or access to the App, we will post notice of the change and/or modification and change the ‘Updated’ date set forth above. You agree that your continued use of the App following changes and/or modifications will constitute acceptance of such changes and/or modifications. We may also provide you with additional forms of notice as appropriate under the circumstances. If you do not agree to the changes, you shall not use the App after the effective date of the changes and/or modifications. Please revisit these Terms regularly to ensure that you stay informed of any changes and/or modifications.
b. Additional Terms. Company also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the App, which may be posted in the relevant portion of the App. Your continued use of the App constitutes your agreement to such additional rules.
7. USE OF THE APP
a. Right to Use. These Terms permit you to use the App for your internal purposes. The App contains material which is owned by or licensed to Company or which Company otherwise has permission to use. By using the App and accepting these Terms: (i) Company grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable right to access and/or use the App and information provided therein in accordance with the terms and conditions set forth herein and any additional terms, conditions and policies set forth by Company; and (ii) you agree not to reproduce, modify, distribute, create derivative works from, publicly display, publicly perform, republish, download, transmit, store, license, sell and/or re-sell any content, software, products and/or information obtained from and/or accessed through the App without the express written permission of Company. Notwithstanding the foregoing subsection (ii), your mobile device may temporarily store copies of information required for you to access and view the information and you may store files that are automatically cached by your device for display enhancement purposes. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of these Terms, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
b. Right to Deny Access and At Your Risk. Company retains the right, in its sole and absolute discretion, to deny access to and/or use of the App to anyone at any time and for any reason. While we use reasonable efforts to keep the App accessible, the App and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions to the App and/or access to your account due to circumstances within Company’s control (i.e., routine maintenance) and outside of Company’s control. You acknowledge and agree that the use of the App is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate and/or objectionable. The App may be modified, updated, suspended and/or discontinued at any time as determined by Company in its sole and absolute discretion and without notice and/or liability and you acknowledge and agree that you are aware of this, and any risks related thereto.
c. Prohibited Use and Conditions. Any access to and/or use of the App and/or information provided by Company other than as specifically authorized herein, without Company’s prior written consent, is strictly prohibited. Without limiting the foregoing, you are responsible for your actions while accessing and/or using the App, and you shall not use the App in any manner that violates applicable law, contract, intellectual property or other third-party rights. You shall not:
Furthermore, Company grants you the rights set forth herein, subject to the following conditions:
d. No Confidentiality. Company shall not be subject to any obligations of confidentiality regarding any information and/or materials submitted through the App except as otherwise expressly specified in these Terms and/or the Privacy Notice and/or as set forth in any additional terms and conditions relating to specific products and/or services utilized by Company in conjunction with the App, and/or as otherwise required by law. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the App without the prior written consent of Company is strictly prohibited. Company may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App. Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App. YOU INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
The App and its entire contents, features and functionality are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws. Any redistribution or reproduction of part or all of the contents of the App, including but not limited to text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, trade dress, logos, slogans, and/or proprietary technology currently used, or which may be developed and/or used in the future in any form is prohibited. As between the parties, Company and/or its licensors are the sole owner of: (i) the App and information provided by Company; (ii) any data or metadata created, aggregated, or generated by access to and/or use of the App; and (iii) all of its source code, object code, software, content, copyrights, trademarks, patents, improvements, enhancements, derivatives, and any other intellectual property rights related to and/or included therein. Subject to the limited rights expressly granted hereunder, Company and/or its third-party licensors reserve all right, title and interest in and to the App and related information, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. Any use of the App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
“Lavngarde PBC” and “Lavngarde” or Company logos, icons and other marks identifying Company App are trademarks of Company and may not be used without prior written permission. All rights not expressly granted in these Terms are reserved to Company.
10. YOUR CONTENT
During the course of your access to and/or use of the App, you may enter, post and/or upload content and information (collectively, “Your Content”). You shall have exclusive title and ownership rights, including all intellectual property rights, throughout the world in all Your Content. You are solely responsible for ensuring Your Content and any and all communications regarding Your Content sent through or associated with the App meets any and all applicable laws and regulatory and compliance guidelines. You hereby grant Company and our affiliates and service providers (and each of their and our respective licensees, successors, and assigns) a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties Your Content for any purpose. You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, and/or reliability. You represent and warrant that you own and/or have the necessary consents and/or rights to use, authorize the use or and grant the rights set forth herein related to Your Content. You acknowledge and agree that we may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Please carefully choose Your Content. You agree to indemnify, defend and hold Company harmless for any disputes and/or claims concerning Your Content. Notwithstanding anything herein to the contrary, Company does not endorse any of Your Content in any way. You acknowledge and agree that You have no expectation of privacy with regard to any of Your Content. Company may reject, refuse to post and/or delete Your Content, in its sole and absolute discretion, without liability. Company may take any action with respect to any of Your Content that we deem necessary or appropriate in our sole discretion, including without limitation if we believe that Your Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for Company. Notwithstanding anything herein to the contrary, Company is not obligated to take any action not required by law. If you become aware of misuse of the App by any person, please contact us at firstname.lastname@example.org.
11. RELIANCE ON INFORMATION POSTED OR PROVIDED BY COMPANY
Company does not review any data or other information provided on or through the App for specific values, security, or any other purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other user of the App, or by anyone who may be informed of any of their contents. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If you choose to submit any questions, comments, ideas, suggestions, inventions, or other information (“Feedback”) to Company, such Feedback is non-confidential and will become the sole property of Company. Company will be able to use any Feedback for any purpose including the developing, creating and/or marketing of products or services and you acknowledge Company will give no credit or compensation to you and you have no rights to the same. Company has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
13. THIRD PARTY CONTENT, LINKED SITES, THIRD PARTY PRODUCTS
a. Third Party Content. Company may provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or emailed or otherwise transmitted through the App (“Third Party Content”). The third party from whom or which any such Third Party Content originates is solely responsible for it and Company assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Company does not control or endorse such Third Party Content and has no liability of any kind to you or any third party for any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, not necessarily those of Company.
Company reserves the right, in its sole and absolute discretion, to block you or terminate your access to the App or any portion thereof at any time, without notice, without liability and for any reason including without limitation if Company suspects, in its sole and absolute discretion, that you (by information, investigation, conviction, settlement or otherwise) have violated any of the terms and conditions set forth herein, the Privacy Notice, any other policies provided by Company, or if you engage (or we suspect you have engaged) in an improper or fraudulent manner in connection with your access to and/or use of the App. In the event you share the access granted hereunder with any person or entity, and/or misuse the App by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, Company will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access immediately, without liability. In such event, Company retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
If we terminate your account or block you from our App, you may not access and/or use our App and you shall not subscribe under a new account unless formally invited by Company. If you commit fraud and/or falsify information in connection with your use of the App, you shall be liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your Internet service provider or mobile service provider of any fraudulent activity we associate with you and/or your access to and/or use of the App.
If you violate these Terms we may block you from our App and you are prohibited from using the App. Upon termination, the provisions of these Terms are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination.
15. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the App that contain typographical errors, inaccuracies, and/or omissions. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, promotion offers, service and/or product descriptions, specifications, and/or other information without obligation to issue any notice of such changes.
16. COPYRIGHT COMPLAINTS
We reserve the right to block access to and/or remove material that we believe in good faith to be copyrighted material that has been illegally distributed by you and/or other third parties and remove and discontinue service to repeat offenders. Should you believe anything on the App infringes on any copyright that you own or the copyright of others, you may notify the copyright agent (“Copyright Agent”) at Lavngarde, PBC, Attn: Copyright Agent, 2910 N. Powers Blvd. #346, Colorado Springs, CO 80922, or at email@example.com. We will respond to clear notices of copyright infringement when you provide the following information: (i) signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) description of the copyrighted work that is claimed to be infringed upon; (iii) description of where the material that is claimed to be infringed upon is located on the App; (iv) information reasonably sufficient to permit contact (i.e., an address, telephone number, and an e-mail address at which the complaining party may be contacted); (v) statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) statement by the complaining party, made under penalty of perjury, that complaining party is authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.
The Copyright Agent will not remove content from the App in response to phone or email notifications regarding allegedly infringing content, since a valid ‘DMCA’ notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the App. All other inquiries directed to the Copyright Agent will not be responded to.
You agree to indemnify, defend and hold Company and its affiliates, partners, officers, directors, employees, representatives and agents, harmless from and against any and all claims, demands, proceedings, actions, costs, liabilities, losses, awards, fees, damages of any kind, expenses (including without limitation attorneys’ fees) arising out of and/or in relation to: (i) your use, misuse and/or abuse of the App; (ii) Your Content (including without limitation claims related to intellectual property infringement); (iii) any use of the App in breach of these Terms and/or Privacy Notice; (iv) your violation of any law and/or the rights of a third party; and/or (v) fraud you commit and/or your intentional misconduct and/or negligence.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND INFORMATION GIVEN OR MADE AVAILABLE BY COMPANY TO YOU ARE PROVIDED ON AN ‘AS IS’, ‘AS AVAILABLE’ BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS. COMPANY AND ITS REPRESENTATIVES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY OTHER WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. COMPANY AND ITS REPRESENTATIVES DO NOT REPRESENT AND/OR WARRANT THAT ACCESS TO THE APP AND/OR INFORMATION WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE, AND/OR LOSS AND/OR SECURITY BREACH OF TRANSMITTED INFORMATION, AND/OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO AND/OR USE OF THE APP AND/OR INFORMATION. COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT. YOU UNDERSTAND THAT COMPANY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT INFORMATION AVAILABLE FOR DOWNLOAD FROM THE INTERNET OR THE APP WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR APP FOR ANY RECONSTRUCTION OF ANY LOST DATA. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH YOUR ACCESS TO AND/OR USE OF THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR INFORMATION OBTAINED THROUGH THE APP OR RELATED TO YOUR DOWNLOADING OF ANY INFORMATION POSTED ON THE APP, OR ON ANY WEBSITE OR APPLICATION LINKED TO THE APP. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. LIMITATION OF LIABILITY
YOUR ACCESS TO AND/OR USE OF THE APP IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY OR ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTIES FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES ARISING OUT OF AND/OR RELATED TO YOUR ACCESS TO AND/OR USE OF THE APP, YOUR INABILITY TO ACCESS THE APP AND/OR INFORMATION AND/OR LINKS ON THE APP, INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL AND/OR EQUITABLE THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS OR LIMITATIONS HEREIN MAY NOT APPLY TO YOU IN SUCH LIMITED CIRCUMSTANCE. IN SUCH STATES, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU HEREBY AGREE TO RELEASE COMPANY AND ITS REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE APP OR INFORMATION PROVIDED BY COMPANY.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this Section.
20. DISPUTE RESOLUTION
a. Disputes. We want to address your concerns without filing a formal legal case. Before filing a claim against Company, you agree to try to resolve the dispute informally by sending a letter to us describing your claim to: Lavngarde, PBC, Attn: Legal Department, 2910 N. Powers Blvd. #346, Colorado Springs, CO 80922. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days after submission (or within a time period as otherwise agreed to by both parties), you and/or Company agree to resolve any claims related to these Terms through final and binding arbitration. Any and all controversies, disputes, demand, counts, claims, or causes of action (collectively “Actions”) between you and Company or Company employees, directors, officers, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except as set forth under ‘Exceptions to Agreement to Arbitrate’ or for any claims that you or Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In all cases, any Actions must be commenced within one (1) year after the cause of action arises.
b. Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting Company within thirty (30) days from the date that you first became subject to this arbitration provision. You must write us at Lavngarde, PBC, Attn: Opt-Out Arbitration, 2910 N. Powers Blvd. #346, Colorado Springs, CO 80922. If you opt out, neither you nor Company can require the other to participate in an arbitration proceeding.
c. Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described above, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Denver, CO or any other location we agree to. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You and Company must abide by these rules: (i) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (ii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (iii) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law. With the exception of subpart (i) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (i) above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party.
d. Exceptions to Agreement to Arbitrate. Either you and/or Company may assert claims, if they qualify, in small claims court in Denver, CO. Company may bring a lawsuit for injunctive relief to stop unauthorized use and/or abuse of the App, breach of Company’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
e. Waiver. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, COMPANY AND YOU ARE EACH WAIVING ITS RESPECTIVE RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
21. GEOGRAPHIC RESTRICTIONS
Company headquarters is located in Colorado Springs, CO in the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
22. CALIFORNIA USERS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be sent to our agent for notice to firstname.lastname@example.org. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer App of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
23. GOVERNING LAW & VENUE
These Terms shall be governed by, construed and enforced in accordance with the substantive laws of the State of Colorado, without regard to its conflict of laws principles. Subject to Section 20 above, the parties further agree that any cause of action arising under these Terms shall take place exclusively in the courts situated in Denver, CO and the parties hereby submit to the venue of the courts situated therein. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You may have other agreements with Company. Such agreements are separate and in addition to these Terms, unless otherwise agreed to by the parties in writing. You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion. If any provision and/or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. If an applicable law is in conflict with any part of these Terms, these Terms will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or Company of any breach and/or default and/or failure to exercise any right allowed under these Terms is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under these Terms. These Terms along with the Privacy Notice constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter.
25. CONTACT US
If you would like to request additional information regarding these Terms or if you have feedback about our App, please contact us at email@example.com.