Terms and Conditions
Please read this Agreement carefully before accessing or using the Applications. By accessing or using the Applications, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Applications. Acceptance is expressly limited to these terms.
Limitations on use
By using our service you agree on behalf of yourself, your users and your attendees, not to modify, prepare, derivative works of, or reverse engineer, our services; knowingly or negligently use our services in any way that abuses or disrupts our networks, user accounts, or the services; transmit through the services any harassing, indecent, obscene, fraudulent, or unlawful material; market or resell this app to any third party; use the services in violation of applicable laws, or regulations; use the services to send unauthorized advertising or spam; harvest, collect, or gather user data without their consent; or transmit through the services any material that may infringe property, privacy, or other rights of third parties.
The Services are owned and operated by WhereTech LLC. Any WhereTech or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with WhereTech. WhereTech, and all other trademarks, service marks, graphics and logos used in connection with the Applications are trademarks or registered trademarks of WhereTech or WhereTech’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Applications may be the trademarks of other third parties. Your use of the Applications grants you no right or license to reproduce or otherwise use any WhereTech or third-party trademarks.
By submitting Content to WhereTech for inclusion in the Applications, you grant WhereTech LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of WhereTech development.
There is no tolerance for objectionable content or abusive users. Without limiting any of those representations or warranties, WhereTech has the right (though not the obligation) to, at WhereTech sole discretion (i) refuse or remove any content that, in WhereTech’s reasonable opinion, violates any WhereTech policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Applications to any individual or entity for any reason, at WhereTech’s sole discretion.
Limitation of liability
NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF OR RELATING TO: (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, OR (v) COSTS OF RECOVERY, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF STATUTE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
You agree to indemnify and hold harmless WhereTech, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Applications, including but not limited to your violation of this Agreement.
Right to terminate accounts
Governing law and jurisdiction
This agreement shall be governed, construed, and enforced in accordance with the laws of the State of Texas, without regard to its conflict of laws rules.