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myCCMC Terms of Use

 

1.  INTRODUCTION

 

Welcome and thank you for downloading and accessing the application (“App”).

Access to and use of the App  is governed by and subject to these terms of use (“Terms of Use”), the Acceptable Use Policy, and the Privacy Policy (together, the “Terms”).

The “Acceptable Use Policy” describes your prohibited behaviors and practices when accessing and using the App.

The “Privacy Policy” describes the ways that your User Content is collected, used, disclosed, stored, and protected on the App.

These Terms constitute a binding legal agreement by and between you, an individual (“User”, “you,” “your”), and Capital Consultants Management Corporation (“Company”). The App is powered by the technology of Resvu USA Inc. (“Resvu”) (collectively Company and Resvu as “Providers”, “we”, “us”, “our”).

Defined terms are as specified throughout these Terms of Use and are identified in quotes. The singular meaning of a defined term will have the same meaning as the plural meaning and visa versa. When section is used, it is referring to a section of this Terms of Use.

 

By accessing and using the App, you agree to be bound by these Terms.

If you do not wish to be bound by these Terms, please do not use the App.

The App will be provided solely from within the continental United States, and on computing and storage devices residing within the United States.

**** The provisions of these Terms which are surrounded by asterisks are to let you know that these terms are important. ****

Any information, materials, graphics, links, images, photos, pictures, information, or data, in whatever arrangement or form, that we make available to you through the App is referred to as “Content”.

Any information, texts, photos, pictures, materials, links, images, and/or Data, in any form or arrangement, which you may upload, or otherwise provide to the App and/or your Account, is collectively referred to as “User Content”, and is governed by the the terms under section 5 (Rights You Grant Us) and section 7 (User Content and Other Users Content).

Through your use of the App, you give us, including, but not limited to, our third party providers, the right to receive, collect, use, host, store, the following information pertaining to you: (a) personal data (as an example: name, email address, phone number, login information) (“Personal Data”) and (b) length of time you have an Account, analytics data, and other information volunteered by you or collected automatically through your use of the App (“Analytical Data”) (collectively Personal Data and Analytical Data, the “Data”).

Any information, texts, photos, pictures, materials, links, images, and data, in any form or arrangement which are uploaded or otherwise provided to the App by other users of the App (“Other Users”), is collectively referred to as “Other Users Content”, and is governed under the terms of section 7 (User Content and Other Users Content).

2.  ELIGIBILITY

You are only eligible to access and use the App, if you are of legal age of majority in your country, state, region, or province of origin, and you are a member of the community that is managed by Company (“Community”).

By accessing and using the App, you also agree that:

  • you can form a binding contract with us;
  • that you have the right, authority, and capacity to agree to and abide by the Terms; and
  • you will comply with these Terms and all applicable local, state, and national laws, rules and regulations, and any Community rules and policies associated with your use of the App.

Your right to access and use the App is based upon your relationship with the Company and being a member of the Community.

If you don’t agree to the above, then don’t use the App. If it comes to our attention that you are violating our eligibility requirements, we will take appropriate measures to enforce our requirements, including, but not limited to, terminating your access and use of the App and your Account.

3.  YOUR ACCOUNT AND YOUR OBLIGATIONS

In order to access and use the App, you provided certain information about yourself as prompted by the registration form (your “Account”), which includes providing a unique sign-in name (“Username”) and password (“Password”). Your Account was pre-populated by us with your Personal Data.

You are solely responsible for maintaining the confidentiality of your Account information, including your Username and Password. Further, you are responsible for all activity occurring on your Account.

Do not allow anyone else to use your Account. Do not register for more than one Account, register an Account on behalf of someone else, or transfer your Account to another person or entity.

By creating an Account, you acknowledge and agree that you will maintain the accuracy, truthfulness, and completeness of the information in your Account. You agree to promptly notify us by email, at the email address specified in section 21 (Contact Us), of any unauthorized use, suspected unauthorized use of your Account, any other breach of security, or if we need to deactivate your Username or Password.

**** To the maximum extent allowed by applicable law, we are not and will not be responsible for any loss or activity that results from the unauthorized use of the App or your Account. ****

4.  RIGHTS WE GRANT YOU

We grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable, worldwide right to access and use the App (the “Your Right to Use”), but only for your personal use. Your Right to Use is for the sole purpose of letting you use and enjoy the App as permitted by these Terms. Your Right to Use will remain in effect until and unless the App is terminated by you or us. Your Right to Use will apply to the App as modified, supplemented, updated, and otherwise altered.

All rights not expressly granted to you are expressly reserved by us.

5.  RIGHTS YOU GRANT US

By using the App, you grant us, directly and indirectly, a non-exclusive, transferable, royalty-free, worldwide license to use, collect, host, store, copy, reproduce, aggregate, distribute, display, and perform your User Content for us to provide you with access to and use of the App (the “License”).

You agree that this License includes the right for us, directly and indirectly, (a) to make User Content submitted to or through the App, to other companies, organizations, or individuals, in compliance with these Terms; (b) to comply with requests that are legal in nature (e.g., subpoenas, court orders, legal process, law enforcement requests, legal claims, or government inquiries, and to protect and defend the rights, interests, safety, and security of the App, our affiliates, users, or the public); (c) to respond to requests from third party service and business providers; and (d) in connection with a sale, merger, acquisition or other business transfer.

Further, you also agree that this License includes the right for us, directly and indirectly: (a) to allow the App to use the processor, bandwidth, and storage hardware on your device in order to facilitate the operation of the App; and (b) to provide advertising and other information to you through features in the App, that you have the option to access these features or not.

You agree and authorize that we may send notifications to your Account when there is a new task or alert for you (such as a new chat request), unless you opt-out in the setting of your Account. Further, you agree and authorize that we may send you SMS messages to send alerts to you, unless you opt-out in the setting of your Account. The number of messages you receive may vary and is at the discretion of CCMC. Reply STOP to opt-out or HELP for help information. Message & data rates may apply.

You also agree that we, directly and indirectly, may monitor your use of the App and collect and compile anonymized data, information statistics, performance information, and other content (“Aggregated Statistics”). We, directly and indirectly, will use the Aggregated Statistics to make improvements, changes, enhancements, and updates to the App, and sell such Aggregated Statistics; provided, that, such Aggregated Statistics does not identify your User Content, without your prior written consent.

As part of our commitment to providing you with the best service, we welcome comments, reviews, suggestions, and ideas for and about the following: App, features, modifications, enhancements, Content, refinements, technologies, offerings, promotions, strategies, or feature names, or any related documentation, artwork, computer code, diagrams, or other materials you wish to provide your opinion and suggestions, or opine on, regardless of the method of communication (collectively, “Feedback”).

By using the App, you grant us, directly and indirectly, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, host, store, copy, aggregate, produce, license, sublicense, distribute, disclose, transmit, publish, publicly display, publicly perform, modify, create derivative works of, translate, reformat, and incorporate your Feedback into our products and services. We, directly and indirectly, will (a) have no obligation to (i) report on any uses of your Feedback; (ii) keep the your Feedback secret or be required to restrict publishing or disclosure of your Feedback; or (iii) compensate or credit you in any way regarding your Feedback. Further, we will be entitled to profit from, disclose, publish, or otherwise exploit your Feedback in any way that we deem appropriate.

6.  PROHIBITED USES OF THE APP

You may use the App only for lawful purposes and in compliance with these Terms. We reserve the right, in our sole discretion, to determine whether you have violated this section.

You agree not to, nor permit, authorize, or allow any third party to use the App in any one or more of the following ways:

  • use, copy, duplicate, or publish the features, functions, or user interfaces of the App, in whole or in part;
  • rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the App; or include the App in any service bureau or outsourcing offering;
  • modify, reverse engineer, disassemble, decompile, decode, adapt, hack, attempt to hack, or otherwise attempt to derive or gain access to any software component, underlying idea or algorithm of the App, in whole or in part;
  • decipher any transmissions to or from the server running the App;
  • interfere with or disrupt the integrity or performance of the App;
  • attempt to bypass or break any security mechanism of the App, or using the App in any other manner that possesses a material security or service risk to us or any of our users;
  • attempt to gain unauthorized access to the App or its related systems and networks; or
  • alter, deface, remove, disable, or suppress the display of any copyright, trademark, trade name, logo, or trade dress included as part of (a) the App; (b) our Content; (c) Other Users Content; and/or (d) Third Party Content.

You will not, nor permit, authorize or allow any third party, to use the App to do any one or more of the activities as set forth in the Acceptable Use Policy, incorporated herein by reference. Further, you agree to comply with the terms of the Acceptable Use Policy.

We reserve the right, at any time, without notice, to terminate or suspend your access to and use of the App, at our sole discretion, for your violation of the above terms, as specified in section 12 (Term and Termination; Suspension).

7.  USER CONTENT AND OTHER USERS CONTENT

We do not control, take responsibility for, or assume liability for any losses or damages associated with any User Content posted, stored, or uploaded to the App and/or your Account by you, or by another person that uses your Account with or without your permission (“Third Party User”).

We do not control, take responsibility for, or assume liability for any losses or damages associated with any Other Users Content posted, stored, or uploaded to the App by Other Users of the App.

We do not endorse or approve of User Content and/or Other Users Content. We may review your User Content and/or Other Users Content, before or after it is posted or uploaded, and we reserve the right to not post or later remove any of your User Content and/or Other Users Content, which we determine, in our sole discretion, is not in compliance with these Terms or applicable laws, or in response to complaints from Other Users or third parties. While we reserve this right to monitor your User Content posted, stored, and/or uploaded to the App and/or your Account and/or Other Users Content posted, stored, and/or uploaded to the App , we are also under no obligation to do so.

When you post, submit, or upload User Content to the App, you acknowledge and agree that (a) you own that User Content, or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of your User Content. You are responsible and liable if any of your User Content violates, infringes or misappropriates the intellectual property or privacy rights of any third party; and (b) you will not incorporate in your User Content any malicious content (including but not limited to, code, files, scripts, agents, or programs), such as worm, virus, trojan horse, backdoor, malware, time bomb, drop dead device, or similar harmful content that are intended to interfere with, restrict, impede, disable, erase, or do harm to our Platform (“Viruses”).

We are not obligated to remove any User Content, except as required by law. If you believe that your rights are being violated with respect to your User Content, please contact us at the email address specified in section 21 (Contact Us).

We are not obligated to remove Other Users Content, except as required by law.

Further, we are not and will not be liable or responsible for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter while accessing or using the App. We disclaim and take no responsibility for your conduct, that of Third Party Users, or that of any Other Users, on or off the App.

8.  THIRD PARTY CONTENT AND THIRD PARTY SERVICES

From other third parties (“Third Parties”), we may provide access, links, embedded content, or other methods of interacting with third-party web pages, social media platforms, mobile apps, content, applications, products, and services, including advertisements and promotions (collectively, “Third Party Content”) on the App, as a service to those interested in this information. We provide access to Third Party Content for your convenience only.

By the inclusion of Third Party Content, we do not imply any endorsement of the Third Party or their Third Party Content or any association with the operators of the Third Party or their Third Party Content, except as specifically stated in the App. We do not update, review, investigate, verify, or monitor the Third Party Content; provided, however, we may have, at one time, reviewed, investigated, verified, or monitored specific Third Parties (“Preferred Third Parties”).

If you access Third Party Content, you do so at your own risk. Third Party Content is not under our control and we do not take responsibility for any information or materials of Third Party Content, its accuracy or completeness, the availability of the Third Party Content, or any form of transmission received from any Third Party. Further, we do not and will not assume liability for any losses or damages associated with any Third Party Content posted, stored, or uploaded to the App, whether or not we endorsed, at one time, the Preferred Third Parties and/or the Third Party Content.

When you visit other websites and apps via Third Party Content (“Third Party Services”), or participate in promotions or business dealings with Third Parties, you should understand that these Terms will no longer be applicable. The terms and policies (including, but not limited to use policies and privacy policies) of those Third Party Services will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Services that you visit from the App. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to provide to any Third Party Services, and you irrevocably waive any claim against us with respect to such Third Party Services. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any Third Party Services.

9.  OWNERSHIP

Based upon the agreement between Company and Resvu, the App, along with any Content, and other related materials are the property of us and our suppliers (as applicable), and are protected by U.S. and international patent law, copyright law, trade secret law, trademark law, and all other proprietary rights.

You retain any and all rights which may exist in your User Content.

10.  REPRESENTATIONS AND WARRANTIES; AND DISCLAIMERS

**** Company, Resvu and you each represent and warrant that: (a) they have the power and authority to enter into and perform their obligations under the terms and conditions of these Terms; (b) the execution, delivery, and performance of their obligations under the terms and conditions of the Terms by such party will not (i) result in a violation of any law, judgment, or order applicable to such party, or (ii) conflict with or breach any contract or other obligation to which such party is bound; and (c) they will comply with all applicable federal, state, and local laws, including privacy laws, and any Community rules and policies. ****

**** You represent and warrant that you are of legal age of majority in your country, state, region or province of origin. ****

**** You represent and warrant that (a) you own or have received the rights to post, submit, make available your User Content on the App; (b) your User Content does not and will not violate any laws or regulations; (c) your User Content does not and will not infringe or misappropriate the intellectual property rights of another party; and (d) you have not and will not post, submit, or upload User Content to the Platform which incorporate Viruses . ****

**** We disclaim any warranty of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, course of performance or dealing, usage of trade, or non-infringement or misappropriation of third party rights. The App, including any materials, information, software, facilities, services, Content, features, manuals, guides, documentation, and other materials and elements of the App, is provided on an AS-IS or AS-AVAILABLE basis. Your use of the App is at your own risk. ****

**** While the App have been compiled in good faith, we make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security, or reliability of the App; (b) any harm to your devices, loss of data or materials, or other harm that results from your access to or use of the App; (c) the deletion of, or the failure to store or transmit, any content and other communications maintained by the App; (d) any files or other data you download will be free of viruses, or contaminated, or have destructive features; (e) whether the App will meet your requirements, provide specific results, or be available on an uninterrupted, secure, or error-free basis; (f) any defects or errors in the App will be corrected; and (g) your inability to access or use the App. Further, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of any third party products made available through the use of the App. ****

**** This section applies to the fullest extent permitted by applicable law. This section does not affect your statutory rights as a consumer. ****

11.  LIMITATION OF LIABILITY

**** In no event will we be liable or responsible for any damages arising out of, resulting from, caused by, and/or related to these Terms and/or your use of the App regardless of the form of action, where in contract, tort, strict product liability, or otherwise, including, but not limited to, indirect, consequential, incidental, special, punitive, exemplary, lost profits, lost revenue, reputation, business, loss of data, loss of information, even if the remedies fail of their essential purpose, or we have be advised of the possibility of the damages in question. ****

**** Any liability for Company’s direct damages arising out of, resulting from, caused by, and/or related to these Terms or your use of the App will be pursuant to the terms of the agreement either between (a) you and Company or (b) the Community, on your behalf, and Company. ****

**** In no event will Resvu be liable or responsible for any direct damages arising out of, resulting from, caused by, and/or related to these Terms and/or your use of the App regardless of the form of action, where in contract, tort, strict product liability, or otherwise, even if the remedies fail of their essential purpose, or we have be advised of the possibility of the damages in question. ****

12.  TERM AND TERMINATION; SUSPENSION

These Terms commence and are binding on the first date you access or use the App. At any time, for any reason, you may terminate your access to and use of the App by (a) accessing the settings in your Account or (b) sending an email, as specified in section 21 (Contact Us), indicating that you want to terminate your access to and use of the App.

If you opt-out of using cookies (as described in the Privacy Policy) which are used in the App, then these Terms will terminate, as well as, your right to access and use the App, and your Account.

We may suspend or terminate your Account, or cease providing you with access and use of the App, at any time, for any or no reason, including, but not limited to, if we reasonably believe: (a) you have violated these Terms in any manner, including but not limited to, using the App in a manner not authorized by these Terms; (b) due to your unlawful conduct; (c) you create risk or possible legal exposure to us, or (d) you are no longer a member of the Community. These Terms will continue to apply to you until terminated by either you or us.

After your access to and use of the App and your Account are terminated, the Terms of Use will terminate, except that the following provisions will continue to apply to us and you: section 5, last paragraph (Rights You Grant Us); section 9 (Ownership); section 10 (Representations and Warranties; and Disclaimers); section 11 (Limitation of Liability); section 14 (Governing Law and Dispute Resolution); section 15 (Waiver of Class Action); section 16 (Dispute Resolution as between You and Resvu); section 17 (Integration); section 18 (Severability); and any other provisions that by their nature will survive termination of the Terms of Use.

13.  CHANGES TO TERMS

Occasionally, we may make changes to these Terms of Use. If we make material changes to these Terms of Use, we will provide you with notice by displaying a prominent notice on the App or by sending you an email. Please make sure you read any such notice carefully. Having received notice of any changes to the Terms of Use, if you continue to use the App, then you agree to the updated Terms of Use. Neither the course of conduct between the Parties nor trade usage will act to modify or alter the provisions of this Terms of Use.

If you do not wish to continue using the App under the updated Terms of Use, you can terminate your access and use of the App, see section 12 (Term and Termination; Suspension).

14.  GOVERNING LAW AND DISPUTE RESOLUTION

As between either (a) you and Company or (b) the Community, on your behalf, and the Company: these Terms and any dispute or claim arising out of, resulting from, caused by and/or related to, its subject matter, or its formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the governing law and dispute resolution clauses of the agreement between either (a) you and Company or (b) the Community, on your behalf, and the Company, as applicable.

As between Resvu and the Company: these Terms and any dispute or claim arising out of, resulting from, caused by and/or related to, its subject matter, or its formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the governing law and dispute resolution clauses of the agreement between Resvu and the Company.

As between you and Resvu: These Terms and any dispute or claim arising out of, resulting from, caused by and/or related to, its subject matter, or its formation (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the state which has venue and jurisdiction, without reference to its conflicts of laws and choice of law rules or principles. The Parties irrevocably agree that the courts of Collin county, Texas, will have exclusive venue and jurisdiction to adjudicate and settle any dispute or claim arising out of, resulting from, caused by, and/or related to these Terms, its subject matter, or its formation (including non-contractual disputes or claims).

The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from application to these Terms.

15.  WAIVER OF CLASS ACTION AS BETWEEN YOU AND Resvu

**** You agree that you may bring claims against Resvu only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, multiple plaintiff, or similar proceeding. ****

**** You agree that any arbitration will be limited to the dispute between you individually and Resvu. To the fullest extent permitted by law: (a) no arbitration will be joined with any other party; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons or party. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, as further set forth in section 16 (Dispute Resolution as between You and Resvu). ****

16.  DISPUTE RESOLUTION AS BETWEEN YOU AND Resvu

**** After an informal dispute resolution process, if you and Resvu agree that any remaining dispute, claim, or controversy between you and Resvu arising out of, resulting from, in connection with, or relating in any way to these Terms or to your relationship with Resvu as a user of the App (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms or your termination of the access and use of the App and/or your Account) will be determined by mandatory, binding, individual arbitration administered by AAA, conducted in the English language, without appeal or review except as permitted by law (for purposes of clarification, no class action arbitration is permitted under these Terms). ****

The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by either your or Resvu’s individual claim.

If either you or Resvu intends to seek arbitration, they must first send a written notice of the dispute to the other party, by email (“Dispute Notice(s)”). The Dispute Notice must (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (“Demand”). You and Resvu agree to use good faith efforts to resolve the dispute directly, but if we do not reach an agreement to do so within thirty days (30) after the Dispute Notice is received, either you or Resvu may start an arbitration proceeding. Any arbitration between you and Resvu will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

During the arbitration, the amount of any settlement offer made by either you or Resvu may not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event the dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of the last written settlement offer by Resvu, then Resvu will instead pay you either the amount of the award or one thousand dollars ($1,000.00), whichever is greater. All documents and information disclosed in the course of the arbitration will be kept strictly confidential by the recipient. All documents and information disclosed will also not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award, and will not be disclosed except in confidence to persons who have a need to know for such purposes, or as required by applicable law.

Regardless of the terms in the above paragraphs, you and Resvu agree that nothing in the arbitration clauses will waive, preclude, or otherwise limit either of our rights, at any time, to bring an individual: (a) action in a U.S. small claims court; (b) claims for (i) defamation; (ii) violation of the Computer Fraud and Abuse Act, (iii) infringement or misappropriation of your or Resvu’s intellectual property rights, or (iv) access to the App that is unauthorized or exceeds authorizations granted in these Terms; or (c) action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this arbitration clause doesn’t stop you or Resvu from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against Resvu on your behalf (or visa versa).

17.  INTEGRATION

These Terms, including any agreement between (a) you and the Company, (b) the Community, on your behalf, and the Company, and (c) Resvu and the Company, contain the full understanding between you and us with respect to the specific subject matter and supersedes and cancels all other previous agreements, negotiations, commitments, discussions, and warranties, whether oral or in writing, with respect to such subject matter. You and us have not relied on any statement, representation, warranty, or agreement of the other parties or of any other person on such party’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in these Terms. Nothing in this section purports to limit or exclude any liability for fraud.

18.  SEVERABILITY

If any provision of these Terms of Use is declared void or unenforceable by a court of competent jurisdiction, such provision will be deemed severed from the Terms of Use, and the remainder of the Terms of Use will otherwise remain in full force and effect as permitted by applicable law.

19.  FORCE MAJEURE

We will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by any act, event, non-happening, omission, or accident beyond our reasonable control and includes, but is not limited to, any one or more of the following: (a) acts of God; (b) flood, fire, earthquake, tornado, hurricane, tsunami, other potential disasters, catastrophes, or explosions; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, insurrection, or other civil unrest; (d) government order, law, or actions; (e) telecommunication breakdowns, power outages or shortages; and (f) pandemics, epidemics and any associated quarantine or shelter-in-place orders or similar orders (“Force Majeure Event”). You agree that your sole and exclusive remedy where our delay or failure to perform is due to a Force Majeure Event(s) is to terminate your access and use of the App and your Account, specified in section 12 (Term and Termination; Suspension).

20.  UPDATES AND CUSTOMER SUPPORT

At various times, we may choose to make available updates or other changes or enhancements to the App (collectively, “App Updates”). App Updates may be:

  • Automatic, such as in connection with general changes and additional features or updates to data required by the App;
  • At your election, in which instance you will receive information and instructions for how to authorize optional App Updates; and
  • Mandatory, in which case you will be required to consent to the App Updates if you wish to maintain access to the App.

Please note that the App may be unavailable during an App Update.

For general customer support, or assistance for use of the App are available on the App.

21.  CONTACT US

We welcome comments, questions, concerns, or suggestions. Please send us feedback via email at [email protected].

This Terms of Use were last updated: December 18, 2023.