PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.
Do not hesitate to contact us at firstname.lastname@example.org if you have any questions or want to discuss these Terms.
2. PERMITTED USE OF THE SERVICE
You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.
3. LIMITATIONS ON USE OF THE SERVICE
You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. You also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Service. Further, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; you agree not to access the Service in order to build a similar or competitive service; you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by DonaLeb; and you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service.
4. OWNERSHIP OF THE SERVICE
The Service contains important and proprietary property owned by us, including software and hardware that constitute our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, non transferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.
Further, you may choose to, or we may invite you to submit comments, suggestions, or ideas about the Service, including how to improve the Service (“Feedback”). By submitting any Feedback, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place us under any fiduciary or other obligation. We may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that we do not waive any rights to use similar or related ideas previously known to us, developed by its employees, or obtained from other sources.
You may also choose to share photos or other similar materials through the Service. By submitting any such photos or similar materials, you agree that your submissions are voluntary and without restriction. You further agree that we may use, copy, modify, publish or redistribute such materials in order to promote DonaLeb or for other similar purposes without any compensation to you to the full extent permitted by GDPR.
5. THIRD PARTY SITES AND SERVICES
Our Service may be integrated with services provided by third parties as part of the functionality of the Service. You understand that, except as required by GDPR, we do not have control over third parties and that such third parties are not agents of DonaLeb. As such, we make no guarantees about, and assume no responsibility for the information or services provided by third parties, except to the extent required by GDPR. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third party product or service or any harm or losses arising from or relating to your use of any third party products or services, except to the extent required by GDPR. You should contact the third party with any questions about their products and services. DonaLeb hereby disclaims and you hereby discharge, waive and release DonaLeb and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
6. UPDATES TO THE SERVICE
DonaLeb may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent, except to the extent required by GDPR. If you do not want such Updates, your remedy is to terminate your account and stop using the Service. If you do not terminate a previously created account, you may receive Updates automatically. You acknowledge that you may be required to install Updates to use the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.
7. INFORMATION YOU PROVIDE TO DONALEB
By downloading the DonaLeb mobile application, you agree that we may use this information, including your email address, to send you the DonaLeb newsletter or to otherwise contact you about promotions, updates, and features of the Service. If you do not want to receive the newsletter or other similar communications, you may opt out of receiving such communications by contacting us or by unsubscribing from the newsletter through the unsubscribe link provided in the newsletter.
8. INTELLECTUAL PROPERTY RIGHTS OF OTHERS
You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to DonaLeb that you own, or have the right to use, all information that you provide on or through the Service. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law.
9. ACCOUNT TERMINATION
10. EMAILS AND PASSWORDS; ACTIONS FROM YOUR ACCOUNT
As part of our Services, you will be required to create an account with an email and password that will provide you access to your account, or you may be able to create an account via connecting to a third party site or service. You represent and warrant that all required registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You are solely responsible for keeping your password safe from disclosure to third parties. You may not use anyone else’s account, including their email or password. If you become aware of any unauthorized use of your account, email, or password, you must promptly notify us of such use. You agree that we will not be liable for any loss that you incur if someone else uses your account, username, or password, either with or without your knowledge. Further, you agree that because you are responsible for maintaining access to your account, that you are solely responsible for any harm caused by use or misuse of the Service originating from your account, whether or not you were actually the person who used or misused the Service.
11. INAPPROPRIATE CONTENT
You shall not make inappropriate content available on, or through, the Service, including, but not limited to: libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or advertise or otherwise solicits funds for goods or services. If you post this type of inappropriate content, or use the Service to transmit such content, we may remove such content from our servers and terminate your account.
12. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND DONALEB AND OUR LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
DONALEB AND OUR LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DonaLeb OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.
DONALEB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, AND DONALEB IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.
DONALEB MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND DONALEB WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.
DONALEB IS NOT RESPONSIBLE FOR COMPLIANCE WITH ANY LAWS OR REGULATIONS APPLICABLE TO ANY CONTESTS OFFERED BY ANY DONALEB PARTNER. TO THE EXTENT THAT YOU ENTER INTO ANY CONTEST OFFERED BY A DONALEB PARTNER ON THE PLATFORM, YOU MUST CONTACT SUCH DONALEB PARTNER TO SEEK RECOURSE, IF ANY.
13. Nothing in these Terms and in particular within this “Limitation of Liability” clause shall attempt to exclude liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) DONALEB OR ANY DONALEB PARTNERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF DONALEB OR ANY DONALEB PARTNERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) DONALEB’S OR ANY DONALEB PARTNERS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100. DONALEB DISCLAIMS ALL LIABILITY OF ANY KIND OF DONALEB LICENSORS AND SUPPLIERS.
FURTHER, BY USING THE SERVICE YOU UNDERSTAND AND AGREE THAT YOU ARE USING THE SERVICE VOLUNTARILY AND UNDERSTAND THAT DONALEB AND DONALEB’S PARTNERS CANNOT AND DO NOT GUARANTEE YOUR PERSONAL SAFETY IN CONNECTION WITH THE USE OF THE SERVICE. YOU AGREE THAT PARTICIPATION IN ACTIVITIES ASSOCIATED WITH YOUR USE OF THE SERVICE, SUCH AS WALKING, RUNNING, BIKING, AND SWIMMING AND OTHER RELATED ACTIVITIES, INVOLVE INHERENT RISKS SUCH AS PHYSICAL INJURY, ILLNESS, DEATH, OR DAMAGE TO (OR LOSS OF) PERSONAL PROPERTY. YOU ASSUME ALL RISKS WITHOUT LIMITATION. YOU HEREBY ABSOLVE, RELEASE, AND WAIVE ANY AND ALL LIABILITY, CLAIMS, OR DEMANDS AGAINST DONALEB AND DONALEB’S PARTNERS, FROM ANY AND ALL CLAIMS, DEMANDS, RIGHTS, AND CAUSES OF ACTION OF WHATSOEVER CAUSES OF NATURE ARISING FROM AND BY REASON OF ANY AND ALL KNOWN AND UNKNOWN, FORESEEN AND UNFORESEEN BODILY AND PERSONAL INJURIES INCLUDING BUT NOT LIMITED TO SERIOUS INJURY, ILLNESS, DEATH, DAMAGE TO PROPERTY, AND THE CONSEQUENCES THEREOF RESULTING FROM, OR RELATING TO PHYSICAL ACTIVITIES CONDUCTED BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE.
You agree to defend, indemnify and hold harmless DonaLeb, its directors, officers, and agents, as well as its licensors, suppliers, and DonaLeb Partners, and DonaLeb Partners’ directors, officers, and agents, licensors, and suppliers from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of any third party. DonaLeb reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify DonaLeb and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without DonaLeb’ prior written consent. DonaLeb will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
15. DIGITAL MILLENNIUM COPYRIGHT ACT
We value your intellectual property rights. As such, we reserve the right to suspend and/or terminate any user’s account who is found to have infringed on the intellectual property rights of users, DonaLeb, or third parties, or who violated any laws related to intellectual property. In the event that you have a good faith belief that your intellectual property rights or the rights of someone else have been violated on our Services, and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information (as required by the Digital Millennium Copyright Act of 1998): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to our designated agent at:
9450 SW Gemini Dr PMB 33284 Beaverton, Oregon 97008-7105
Beaverton OR 97008
16. GOVERNING LAW
These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts in or for San Francisco County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in these Terms.
17. DISPUTE RESOLUTION:
You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, we both agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at email@example.com). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco County, California, and the costs of which shall be divided equally between you and DonaLeb. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco County, California.
Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.
We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor DonaLeb, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
YOU AND DONALEB EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.
Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.
18. TERM AND TERMINATION
These Terms will remain in full force and effect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms shall survive the termination.
19. SEVERABILITY AND WAIVER
If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by DonaLeb without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.
21. MODIFICATIONS TO THESE TERMS
DonaLeb reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.
22. HEADINGS USED IN THESE TERMS
The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.