Please read this Agreement carefully. By creating an account or accessing or using the Services, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SERVICES. We may modify this agreement from time to time. Any amended terms automatically take effect 10 days after being posted on this site. Your use of the Services following the effective date of any modifications to this agreement will constitute your acceptance of this Agreement, as modified. You agree that notice on the Services of modifications is adequate notice.
1. Registration and Eligibility
- you shall not create an Account or access the Services if you are under the age of 13, and you shall not permit minors to access or use your account; If you are under the age of majority in your country, and are not an emancipated minor (in countries that permit this) you must have your parent’s or guardian’s consent to enter into these TOU and to use the Services and by using of the Services you acknowledge that you have received such consent
- you shall not have more than one Account at any given time, and shall not create an account using a false identity or false information, or on behalf of someone other than yourself;
- you shall not have an Account or use the Services if you have been previously removed by the Company.
2. Limited License
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the Services. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run the Services on your smart mobile end-device, including but not limited to tablets, smart phones and scanner, and PCs as well as other computer systems (“End-Device”) for personal and non-commercial purposes. All rights, title, and interest in and to the Services not expressly granted in this agreement are reserved by the Company.
If you wish to use the Company’s software title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features, you must obtain written permission from the Company. You may send such a request to email@example.com.
3. Your Use of the Services
As a condition of using the Services, you agree not to use the Services for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Services and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes. You agree you SHALL NOT:
- resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services;
- modify, reverse engineer, decompile or disassemble the Services;
- copy, adapt, alter, modify, translate, or create derivative works of the Services without written authorization of the Company;
- permit other individuals to use the Services, including but not limited to shared use via a network connection, except under the terms of this Agreement;
- circumvent or disable any technological features or measures in the Services for protection of intellectual property rights;
- use the Services in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
- use or access the Services to compile data in a manner that is used or usable by a competitive product or service;
- use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone; or
- use your Account to engage in any illegal conduct.
Any such forbidden use shall immediately terminate your license to the Services.
4. Account Security
You are solely responsible for activity that occurs on your account and it is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying the Company of any unauthorized use of your account, or breach of your account information or password. The Company will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorneys’ fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.
5. Fees; Pricing Changes
We offer some free and some paid features of the Services. You acknowledge and agree that the Company may make changes to pricing and may change available payment methods. Some currently free features and Services may require payment in the future.
We will publicize changes to prices and availability of free features on the 100andMore official website. If you are a paid subscriber to a feature that undergoes a pricing increase, we will notify you via email near the renewal date to ask you whether you wish to renew your subscription based on the new pricing. Likewise, if you use a feature that is initially offered for free and it becomes a paid feature, we will notify you via email to ask you whether to you wish to become a paid subscriber and continue using such feature at the new price.
6. Content You Provide
Furthermore, you agree that you shall NOT upload any User Content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, obscene, vulgar, pornographic, offensive, profane, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by the Company in its sole discretion.
You understand that you are entirely responsible for all of the User Content that you make available to the Company. Although the company has no obligation to monitor the Services, or User Content, the Company reserves the right to review and remove or suspend User Content accessible by or transmitted through the Services that the Company believes, in its sole discretion, to be in violation of the law or of this Agreement or otherwise unacceptable to the Company. The Company does not guarantee that any User Content will be made available through the Services.
7. Your Feedback
We welcome your feedback about the Services. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.
8. Information Storage and Synchronization
You acknowledge and agree to store information related to use of our software into your own End-Device, which will occupy some room of the End-Device. For security purposes, we encourage you to use security measures to secure your End-Device.
When you are using an Account for the Services, any direct modification of card information in End-Device and sever account by you via the web service will be synchronized and updated on your End-Device and server to reflect your changes. Therefore, if you are using an End-Device which is not owned by you, please be aware of this, and adjust your settings appropriately to protect the security of any personal information.
If you accidentally delete card information in your End-Device or server account that you previously uploaded or submitted, please visit the 100andMore Corporation website and you may be able to restore lost cards.
9. Warranty Disclaimer - Services Provided “As Is”
The Company controls and operates the Services from various locations and makes no representation that the Services are appropriate or available for use in all locations. Services may not be available in your location or may vary across locations. THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE. IN NO EVENT WILL THE COMPANY’s TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that we may post commercial and non-commercial advertisements and/or promotions in the Services. The manner, mode and extent of such advertising/promotions are subject to change without notice to you.
12. Use of Mobile Devices
Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the Services on a mobile device.
13. Third Party Links
The Services may give you access to links to third-party websites (“Third Party Sites”). The Company does not endorse any of these Third Party Sites and does not control them in any manner. Accordingly, the Company does not assume any liability associated with Third Party Sites. You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect your personal information and privacy on such Third Party Site.
14. Changes to the Services; Discontinuation, Suspension and Termination
From time to time and without prior notice to you, we may change, expand and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Services does not entitle you to the continued provision or availability of the Services.
If your account is not used for a period of nine (9) months consecutively, we reserve the right to terminate your service account in order to avoid wasting resources. We will provide at least two week notice to the email address you provided to us. You acknowledge and agree that once we delete your account, your information may be deleted or lost and may not be recoverable.
You can stop using our Services at any time, although we will be sorry to see you leave. If you want to cancel your Account, please logout from the Services and contact us at firstname.lastname@example.org from your registered email address. We will terminate your Account after verifying relevant information in accordance with our rules.
Any dispute arising from this Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SAN FRANCISCO COUNTY, STATE OF CALIFORNIA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
Any cause of action you may have with respect to your use of the Services must be commenced within one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this agreement shall be admissible in judicial or administrative proceedings.
No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Upon termination, all provisions of this Agreement, which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties.
Questions and Comments
If you have any comments or questions on any part of the services or any part of this Terms of Service, please feel free to contact our customer service department at email@example.com.