Terms of Use

Updated 9/1/2017

INTRODUCTION

These terms of service (“Terms”) apply to your access and use of this software (the “Service”). Please read them carefully.

Accepting These Terms

If you access or use the Service, it means you agree to be bound by all the terms below. So, before you use the Service, please read all the terms. If you do not agree to all the terms below, please do not use the Service. Also, if a word does not make sense to you, please let me know.

Changes to These Terms

I reserve the right to modify these Terms at any time. For instance, I may need to change these Terms if I come out with a new feature or for some other reason. Whenever I make changes to these Terms, the changes are effective 10 days after I post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if I provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check the Service for changes to these Terms. If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.

Privacy Policy

For information about how I collect and use information about users of the Service, please review my Privacy Policy.

Third-Party Services

From time to time, I may provide you with links to third-party websites or services that I do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third-party applications, websites, and services is governed by that party’s terms of service or privacy policies. I encourage you to read the terms and conditions and privacy policy of any third-party application, website, or service that you visit or use.

Creating Accounts

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service. If you discover or suspect any Service security breaches, please let me know as soon as possible.

Your Content and Conduct

My Service allows you and other users to post, link, and otherwise make available content. You are responsible for the content that you provide to the Service, including its legality, reliability, and appropriateness. You may not post, link and otherwise make available on or through the Service any of the following:

  • Content that is libelous, defamatory, bigoted, fraudulent, or deceptive;
  • Content that is illegal or unlawful that would otherwise create liability;
  • Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual, or another right of any party;
  • Mass or repeated promotions, political campaigning, or commercial messages directed at users who do not follow you (SPAM);
  • Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers); and
  • Viruses, corrupted data, or other harmful, disruptive or destructive files or code.

Also, you agree that you will not do any of the following in connection with the Service or other users:

  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden, or impair the functioning of the Service;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Collect any personal information about other users, or intimidate, threaten, stalk, or otherwise harass other users of the Service;
  • Create an account or post any content if you are not over 13 years of age years of age; and
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits, or other features designed to protect the Service, users of the Service, or third parties.

YOUR INFORMATION CHOICES

Location Information

When you first launch any of my mobile applications that collect location information, you will be asked to consent to the application’s collection of this information. If you initially consent to my collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, my mobile applications, or certain features thereof, will no longer function. You may also stop my collection of location information by following the standard uninstall process to remove all my mobile applications from your device.

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you decide to remove or reject cookies, this could affect the availability and functionality of my services.

Promotional Communications

You may opt out of receiving any promotional emails from me by following the instructions in those emails. If you were to opt-out, I might still send you non-promotional communications, such as those about your account or my ongoing business relations

Materials

I put much effort into creating the Service including, the logo and all designs, text, graphics, pictures, information, and other content (excluding your content). I or my licensors own this property, and it is protected by U.S. and international copyright laws. I grant you the right to use it. However, unless I expressly say otherwise, your rights do not include:

  1. Publicly performing or publicly displaying the Service;
  2. Changing or otherwise making any derivative uses of the Service or any part thereof;
  3. Using any data mining, robots or similar data gathering or extraction methods;
  4. Downloading (other than page caching) of any part of the Service or any information held there;
  5. Reverse engineering or accessing the Service to build a competitive product or service; or
  6. Using the Service other than for its intended purposes. If you do any of this stuff, I may end your use of the Service.

Hyperlinks and Third-Party Content

You may create a hyperlink to the Service. However, you may not use, frame, or use framing techniques to enclose any of my trademarks, logos, or other proprietary information without my express written consent. I make no claim or representation regarding and accepts no responsibility for third-party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and my policies no longer govern. If there is any content on the Service from you and others, I do not review, verify, or authenticate it, and it may include inaccuracies or false information. I make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

UNAVOIDABLE LEGAL MATTER

The service and any other service and content included on or otherwise made available to you through the service are provided to you on an as-is or as available basis without any representations or warranties of any kind. I disclaim all warranties and representations (express or implied, oral or written) with respect to the service and content included on or otherwise made available to you through the service whether alleged to arise by operation of law, because of custom or usage in the trade, by course of dealing or otherwise.

In no event will I be liable to you or any third party for any special, indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with the service or any other service and/or content included on or otherwise made available to you through the service, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if I have been advised of the possibility of such damages or are aware of the possibility of such damages. My total liability for all causes of action and under all theories of liability will be limited to the amount you paid to me. This section would be given full effect even if any remedy specified in this Agreement is deemed to have failed of its essential purpose.

You agree to defend, indemnify and hold me harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) I incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.

Copyright Complaints

I take intellectual property rights seriously. According to the Digital Millennium Copyright Act (“DMCA”) and other applicable law, I have adopted a policy of terminating, in appropriate circumstances and, at my sole discretion, access to the service for users who are deemed to be repeat infringers.

Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and decided under and according to the laws of the United States, without regard to conflicts of law principles.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the United States, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the United States about any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.

Termination

If you breach any of these Terms, I have the right to suspend or disable your access to or use of the Service.

Entire Agreement

These Terms form the entire agreement between you and me regarding the use of the Service, superseding any prior agreements between you and me relating to your use of the Service.

Feedback

Please let me know what you think of the Service, these Terms and, in general, the “Service.” When you provide me with any feedback, comments or suggestions about the Service, these Terms and, in general, the “Service,” you irrevocably assign to me all your right, title, and interest in and to your feedback, comments, and suggestions.

Questions and Contact Information

Please contact me for direct questions or comments about the Service.