IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 14.
The Coinnect application is licensed to you, not sold.
READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL CONTRACT GOVERNING YOUR USE OF A MOBILE APPLICATION AND CERTAIN SERVICES PROVIDED BY 2PENSMEDIA AND ITS AFFILIATES (COLLECTIVELY, “2pensmedia”).
This section sets forth your limited license to use the Application (“License”).
Except for Section 14, providing for a waiver of class action rights, 2pensmedia reserves the right, at its sole discretion, to modify or replace the Terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Application by you following such modification constitutes your acceptance of the Terms as modified.
You hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the Application for any purpose) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms.
If you do not meet the eligibility requirements of this section, then you are not permitted to use the Application and you agree that you will not use the Application.
Additional eligibility requirements will apply to each contest or tournament. If you do not meet such eligibility requirements, you shall not participate in such contest or tournament.
In addition to any other rights that 2pensmedia may have in law or equity, 2pensmedia reserves the right to suspend or terminate the account of any purported user of the Application that does not meet the foregoing requirements.
Communications and Disclosure. As a result of your use of the Application, you may receive certain commercial communications from 2pensmedia. You may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to firstname.lastname@example.org.
As a condition of use, you promise not to use the Application for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by 2pensmedia. By way of example, and not as a limitation, you agree to the following:
You agree to indemnify and hold 2pensmedia and its affiliates, and each of their respective parents, subsidiaries, affiliates, partners, co-sponsors, and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities harmless from and against any and all losses, expenses, damages and/or liabilities (including, without limitation, any and all reasonable attorneys’ and expert witness fees and court costs), that 2pensmedia and/or its affiliates, as applicable, may incur from any claim, suit, action or proceeding made or brought by any third party arising out of (a) your breach or other violation of these Terms or by any allegation which, if true, would constitute a breach or other violation of these Terms by you, (b) your possession and/or installation of, or any use or misuse of, the Application, and/or (c) your violation of any third party right including, without limitation, any copyright, property, publicity or privacy right.
In the event that you have a dispute with any other person or entity arising from your use of the Application, you release 2pensmedia (and its affiliates, officers, directors, employees, members, shareholders, independent contractors, agents and suppliers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
The failure of 2pensmedia to comply with any provision of these Terms due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of 2pensmedia or other force majeure event will not be considered a breach of these Terms.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION AND ALL RELATED PRODUCTS, SERVICES AND MATERIALS MADE AVAILABLE ON OR THROUGH THE APPLICATION ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS” and “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND AND WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. YOUR USE AND INSTALLATION OF THE APPLICATION IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. 2PENSMEDIA AND ITS LICENSORS (COLLECTIVELY “2PENSMEDIA” FOR PURPOSES OF THIS SECTION AND SECTION 11) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE, TITLE NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. 2PENSMEDIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR EQUIPMENT; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; THAT THE APPLICATION WILL BE SECURE OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES OR EQUIPMENT. NO ORAL OR WRITTEN ADVICE PROVIDED BY 2PENSMEDIA, ANY THIRD PARTY OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
without limiting the generality of the foregoing, In the event that the application fails to conform to any applicable warranty (if any), and you OBTAINED the application from apple, you may notify Apple of such non-conformance and seek a refund from Apple of the “purchase price” you paid apple, if any, for the application. to the maximum extent permitted by applicable law, apple will have no other warranty obligation whatsoever with respect to the application and/or these Terms.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL 2PENSMEDIA BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE FAILURE OR MALFUNCTION OR ANY OTHER FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE APPLICATION WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT 2PENSMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 2PENSMEDIA’S LIABILITY TO YOU FOR ANY CLAIM WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO 2PENSMEDIA FOR GENERAL USE OF THE APPLICATION DURING THE TERM OF YOUR USE OF THE APPLICATION OR, IN THE EVENT THAT NO PAYMENT WAS MADE, $20.
SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR DEATH, PERSONAL INJURY, FRAUDULENT MISREPRESENTATIONS OR CERTAIN INTENTIONAL OR NEGLIGENT ACTS, OR VIOLATION OF SPECIFIC STATUTES, OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
APPLE SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO: (A) PRODUCT LIABILITY CLAIMS, (B) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (C) CLAIMS ARISING UNDER CONSUMER PROTECTION LAWS OR SIMILAR LEGISLATION, AND (D) CLAIMS BY ANY THIRD PARTY THAT THE APPLICATION OR YOUR POSSESSION AND USE OF THE APPLICATION INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE THIRD PARTY.
2pensmedia may terminate or suspend the Application and any and all services and your account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Application will immediately cease, and you shall immediately delete the Application from your device. If you wish to terminate your account, you may simply discontinue using the Application or contact us at email@example.com with a note to say you wish to terminate your account. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1. 800. 778. 7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, 2pensmedia will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, 2pensmedia will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
For any dispute relating to your breach of the License in Section 2, you and 2pensmedia agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Cook County, Illinois. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Terms and the relationship between you and 2pensmedia shall be governed by the federal laws of the United States and the laws of the State of Illinois without regard to conflict of law provisions. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to these Terms or to any dispute or transaction arising out of this License. The Uniform Computer Information Transactions Act or any version thereof, adopted by any state in any form (“UCITA”), shall not apply to these Terms and, to the extent that UCITA is applicable, 2pensmedia and you hereby opt-out of the applicability of UCITA pursuant to the opt-out provision(s) contained therein.
You agree that a breach of these Terms by you will cause irreparable harm to 2pensmedia for which monetary damages would not be an adequate remedy and 2pensmedia shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
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Morton Grove, IL 60053