Terms and Conditions

Welcome to the WhereTech app. The following terms and conditions govern all use of WhereTech mobile applications and services (Applications). The Applications are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, WhereTech Privacy Policy).

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.

Intellectual property

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.

User-generated content

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.

Indemnification

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

WhereTech may terminate any user’s access to and use of the WhereTech Services, at any time for any reason at its sole discretion, which such termination will be effective immediately. If you violate the Terms of Use, WhereTech at its sole discretion may (i) require you to remedy any violation thereof and/or (ii) take any other actions that WhereTech deems appropriate to enforce its rights and pursue available remedies.

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.