This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “You” or “Your” or “Yourself”) and intoGo, LLC (“Company,” “We,” “Our” or “Us”) and not any other party, including Google, Inc., and any of its subsidiaries, affiliates, or licensors (“Google”). This Agreement governs Your use of the intoGo Application purchased on Google Play for use on Android mobile devices, (including all related documentation, the “Application” or “App”). The Application is licensed, not sold, to You.
BY CLICKING THE “AGREE” BUTTON OR DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THIS BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IN ANY EVENT, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 13. THIS APP IS NOT INTENDED FOR CHILDREN UNDER 13. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE(S).
The intoGo Application is a tool that helps users find events and places in their city that match their interests, based on the users’ swipes within the App.
Subject to the terms of this Agreement, the Company grants You a limited, non-exclusive and nontransferable license to:
You shall not:
Intellectual Property Rights
intoGo, its logo, and all related names, logos, product and service names, designs, slogans and other marks (collectively, “Company Marks”) are trademarks of the Company or its affiliates or licensors. In addition, the App and its contents, features and functionality (including but not limited to all information, text, software, displays, images, video and audio, and the design, selection and arrangement thereof) that We create; and the manner in which We design, select, and arrange other third-party content, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators and reporting services (other than the third-party content itself) (“Company Content”) are owned by the 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 rights laws. You must not copy any of the Company Marks without the prior written permission of the Company, except as expressly set forth in this Agreement. You may only use or copy the Company Content pursuant to the terms expressly set forth in this Agreement, and not for any other purpose. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, the Company Marks, and the Company Content, including all United States and international copyright, trademarks, patent, trade secret, and other intellectual property rights therein or relating thereto, except as expressly granted to You in this Agreement.
All other names, logos, product and service names, designs, slogans and other marks, and any third-party content (including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and reporting services, and including third-party websites accessed through links from the App), presented on or through this Application are the trademarks or the intellectual property of their respective owners.
Reservation of Rights
You acknowledge and agree that the Application is provided under license, and not sold, to You. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement.
Collection and Use of Your Information
Content and Services
Use of Communications Services
The Application may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other message or communication facilities designed to enable You to communicate with the public at large or with a group (collectively, “Communications Services”) by allowing users to post, submit, publish, display or transmit to other users or other persons (“post”). You agree to use the Communications Services for the Application:
Any User Contribution You post through the App will be considered non-confidential and non-proprietary. By providing any User Contributions on the App, You grant Us and Our affiliates and service providers, and each of their and Our respective licensees, successors and assigns the right to use, reproduce, reformat, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, and to publish Your name in connection with said User Contribution, without any compensation to You whatsoever.
You also represent and warrant that:
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the App.
These content standards apply to any and all User Contributions. Your User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Your User Contributions must not:
Monitoring and Enforcement
We have the right to:
This App includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. Neither We, nor Our affiliates, licensees and service providers, nor Google are responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties. Neither We, nor Our affiliates, licensees, and service providers, nor Google are not responsible for any incorrect or inappropriate material displayed on the App.
To that end, We do not undertake to review all User Contributions before they are posted on the App, and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding User Contributions, or other transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. If You become aware of any objectionable third-party content within the App, You may notify intoGo at info@intoGo.com. IntoGo will address such requests as it deems appropriate, in its sole discretion.
Any User Contributions You upload to or via the Communications Services may be subject to posted limitations on usage, reproduction or dissemination. You are responsible for adhering to such limitations if You upload any User Contributions.
If You believe that any User Contributions or other material violate Your copyright, please send a notice of the copyright infringement toZachary Schwartz at 6 E. Bay St. #101, Jacksonville, FL 32202. It is the policy of the Company to terminate the user accounts of repeat infringers. Please see Our Copyright Policy, found here [COPYRIGHT POLICY] for more details.
The owner of the Application is based in the state of Florida in the United States of America (the “US”). We provide this Application for use only by persons located in the US. We make no claims that the Application or any of its content is accessible or appropriate outside of the US. Accessing or downloading the Application may not be legal for certain persons or in certain countries. If You access the Application from outside the US, You do so on Your own initiative and are responsible for compliance with local laws.
The Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain existing features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your Mobile Device settings, when Your Mobile Device is connected to the internet either:
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Links on the Application
If the Application contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. Inclusion of any link does not imply endorsement by intoGo of the site or any association with its operators. This includes links contained in a linked site, links contained in advertisements, including banner advertisements, and sponsored links. We have no control over the contents of those sites or resources, or any changes or updates to a linked site, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. While We are not obligated to monitor, review, or investigate any links to other sites or resources provided by third parties, We do reserve the right to remove or modify such material. If You decide to access any of the third party websites linked to this Application, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
Term and Termination
The term of this Agreement commences when You install the Application and will continue in effect until terminated by You or Company as set forth in this Section.
You may terminate this Agreement by deleting the Application and all copies thereof from Your Mobile Device.
The Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if You violate any of the terms and conditions of this Agreement.
Termination will not limit any of Company’s rights or remedies at law or in equity.
The Company may also remove or edit any content from the Application in its sole discretion.
Disclaimer of Warranties
While We, and not Google, are solely responsible for the Application and its content, You understand that We cannot and do not guarantee or warrant that the Application You download 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 Your Mobile Device for reconstruction of any lost data. WE 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, OTHER DEVICES, HARDWARE, SOFTWARE, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APPLICATION WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR ANY PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, PARTNERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, OR GOOGLE, OR ANY OF THEIR EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY CONTENT ON THE APPLICATION OR OTHER SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND REGARDLESS OF WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to Your use or misuse of the Application or Your breach of this Agreement, including but not limited to the content You submit or make available through this Application.
The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
US Government Rights
The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if You are an agency of the US Government or any contractor therefor, You receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Governing Law and Jurisdiction
All matters relating to the Application and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, this Agreement or the Application shall be instituted exclusively in the federal courts of the US or the courts of the State of Florida in each case located in the City of Jacksonville and County of Duval, although We retain the right to bring any suit, action or proceeding against You for breach of this Agreement in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
At Company's sole discretion, it may require You to submit any disputes arising from the use of this Agreement or the Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Florida law.
Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver 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 the Agreement will continue in full force and effect.
Your Comments and Concerns
The Licensor of this Application is intoGo, LLC, 6 E. Bay St. Suite 101, Jacksonville, FL 32202.
All notices of copyright infringement claims should be sent to: email@example.com.
All other feedback, comments, requests for technical support and other communications relating to the Application should be directed to: firstname.lastname@example.org or (904) 574-2494.