Terms of Service

WORKERSPRING TERMS OF SERVICE 

1 Acceptance of Terms

These Terms of Service (“Terms”) are an agreement between you (“user,” “you” or “your”) and Worker Apps, LLC (“W-APPS,” “Company,” “we,” “us” or “our”), governing your access and use of the mobile application, WorkerSpring (the “App”).    

These Terms set forth the legally binding agreement that governs your use of the App.  By accessing or using the App, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).  You must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside to use the App, so that you can form a binding contract with W-APPS. If you are under the age of eighteen (18) or the age of majority, and you are permitted to work in the jurisdiction in which you reside, you represent that a parent or legal guardian has reviewed and agrees to this Agreement on your behalf. If you do not agree with all of the provisions of these Terms, do not access, browse, or use the App.

2 Background 

The App provides a technology platform that allows non-profit community-based organizations (“Community-Based Organizations”) providing educational, economic development or other related programs to individuals in the community, to invite their members to join the App under their account, to help connect them to job opportunities (“Job Seeker”) from employers approved by the Community-Based Organization (“Employers”).  

JOB SEEKERS, COMMUNITY-BASED ORGANIZATIONS, AND EMPLOYERS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF W-APPS. 

By using the App, you acknowledge that W-APPS does not control (a) the actions of anyone with whom you may choose to share information in the course of posting or applying for jobs on the App, and we cannot and do not guarantee that any information you share will not be viewed by unauthorized persons; (b) the quality, accuracy, completeness, veracity or legality of content provided by third parties; or (c) the integrity, responsibility or actions of Community-Based Organizations, Job Seekers or Employers.


3 Accounts and Registration

To use certain features of the App, you must register for an account and provide certain information about yourself in the account registration form.  Each registration is for a single user only. By creating an account, you agree to, and shall, (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the account on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the App or your account.  You may make any changes to your registration information by following the instructions on the App.  

By creating an account, you consent to receive electronic communications from us (e.g., via email or by posting notices to the App). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information). They may also include promotional communications sent to your physical address or via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.


4 Access to the App 

Subject to these Terms, W-APPS grants you a non-exclusive, non-transferable, revocable, limited license to access and use the App solely for your own personal, non-commercial purposes.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the App, in whole or in part, or any content displayed on the App; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the App; (c) you shall not access the App in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the App shall be subject to these Terms.  All copyright and other proprietary notices on the App (or on any content displayed on the App) must be retained on all copies thereof.  You acknowledge and agree that, except as expressly set forth in these Terms, Company will have no obligation to provide you with any support or maintenance in connection with the App.

W-APPS reserves the right, at any time, to modify, suspend, or discontinue the App (in whole or in part) with or without notice to you.  You agree that W-APPS will not be liable to you or to any third party for any modification, suspension, or discontinuation of the App or any part thereof.

5 User Representations and Warranties and Responsibilities

All users of the App represent and warrant that:

  • You will act professionally and responsibly in your interactions with other users;
  • You will use your real name or business name on your profile;
  • When using or accessing the App, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
  • You will not use the App for the purchase or delivery of any goods, including without limitation alcohol, or any other controlled or illegal substances or services.

User Interactions and Assumption of Risk

You understand and agree that W-APPS does not, and cannot, confirm that each user is who they claim to be. We are not responsible for authenticating users and therefore it is your responsibility to conduct the appropriate diligence before communicating or interacting with other users, including, without limitation, Job Seekers, Employers, and Community-Based Organizations. You assume all risks associated with users with whom you come into contact. If you have any disputes or issues with any user you agree to pursue any remedies directly with the applicable user and you release W-APPS, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.

Authorized Users

You are responsible for all activity, acts or omissions of any person or entity that is able to access the App under your account and you will limit access to the number of users that are allowed under your account to those permitted under your subscription plan (each, an “Authorized User”). Additionally, you agree that: (i) you will not share log-in credentials and account information with third parties; (ii) you will not sell or sublicense access to your account or the App; (iii) you will not charge, or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion of the App; (iv) you will ensure that Authorized Users comply with these Terms; (v) you will immediately notify W-APPS of any suspected or alleged violation of these Terms, including any unauthorized use of any password or account information, or any other known or suspected breach of security; and (vi) you will cooperate with W-APPS with respect to investigation of any suspected or alleged violation of these Terms and any action by W-APPS to enforce these Terms.

6 Contact with You by Telephone or SMS

You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from Employers, Community-Based Organizations, and W-APPS related to job opportunities and your account. You agree that W-APPS may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time.

You may revoke consent to be contacted by telephone by emailing and including the wording “Revocation of Telephone Consent” in the subject line. To stop receiving SMS messages from W-APPS, you may reply “STOP” to any SMS message you receive. You may not be able to receive job opportunities or contact job candidates if you cannot be contacted by email or SMS. It is your sole responsibility to notify W-APPS if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you. Fees and Charges You may incur a charge for calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that W-APPS, Community-Based Organizations, and Employers are not responsible for such charges. Devices You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms.

7 Fees and Payment

Certain aspects of the App may be provided for a fee. If you are an Employer and elect to use a paid feature of the App, you agree to the pricing and payment terms for the applicable App services as set forth on your subscription order. Unless otherwise specified in the applicable order, Employer shall pay all fees, as described on the order for the applicable service tier, via credit card at the time of signup, in which case the Employer’s credit card will be billed immediately or as otherwise indicated on the order. If the fees are recurring over designated time periods stated on the order, then payment is due prior to the start of each subscription period, and the credit card on file will be charged at the start of each pay period. Employer shall make all payments hereunder in US dollars by credit card. If Employer fails to make any payment when due then, pursuant to Section 15, W-APPS may terminate these Terms immediately and without liability or notice to Employer.

Auto-Renewal. Unless otherwise specified in the applicable order, your credit card will be billed at signup. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) YOUR SUBSCRIPTION WILL AUTO-RENEW FOR ANOTHER TERM OF THE SAME LENGTH AS THE INITIAL TERM AT THE APPLICABLE TIER LEVEL, (B) W-APPS (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU FOR YOUR SELECTED SUBSCRIPTION, IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES, FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (C) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR UNTIL W-APPS SUSPENDS OR STOPS PROVIDING ACCESS TO THE APP OR SUBSCRIPTION IN ACCORDANCE WITH THESE TERMS. YOU MAY CANCEL YOUR SUBSCRIPTION ELECTRONICALLY VIA THE SUBSCRIPTION CANCELLATION USER INTERFACE PROVIDED ON THE APP. IF YOU CANCEL BEFORE THE EXPIRATION DATE OF YOUR CURRENT SUBSCRIPTION, YOU WILL NOT BE ENTITLED TO A REFUND OF ANY AMOUNTS THAT YOU HAVE ALREADY PAID, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Taxes. All fees and other amounts payable by you under these Terms are exclusive of taxes and similar assessments. Without limiting the foregoing, you are responsible for all sales, use and excise taxes and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on W-APPS’s income. 

8 App Content 

You acknowledge that all text, graphics, and other works on the App, the App’s design and coding, all computer programs used and licensed in connection with the App, the look and feel of the App, and all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets therein, are owned by Company or Company’s suppliers.  Neither these Terms (nor your access to the App) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.  Company and its suppliers reserve all rights not granted in these Terms, and there are no implied licenses granted under these Terms.

9 User Content 

You are solely responsible for any content that you create, transmit or display while using the App.

The App or W-APPS may now or in the future allow App users to submit, post, display, provide, or otherwise make available content such as text, images, comments, questions, and other content or information (any such materials an App user submits, posts, displays, provides, or otherwise makes available on the App is referred to as “User Content“).

We claim no ownership rights over User Content created by you. The User Content you create remains yours.

By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the App or to W-APPS, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to W-APPS a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the App and W-APPS’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each App user a non-exclusive license to access your User Content through the App, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the App and under these Terms.

You must have the legal right to the User Content you submit to the App. You may not upload or post any User Content to the App that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload User Content that violates any third party’s right of privacy or right of publicity. You may post only User Content that you have permission to post by the owner or by law.

Notwithstanding the foregoing, although W-APPS has no obligation to screen User Content, to the extent that W-APPS becomes or is made aware of User Content that may or does (i) violate these Terms or any other agreement you have with W-APPS, or (ii) violate any law or regulation, or (iii) violate the rights of third parties, or (iv) create liability for W-APPS or otherwise negatively impact W-APPS, W-APPS reserves the right to reject and/or remove such User Content, and suspend and/or terminate any User Account associated with such User Content.

10 Legal Requirements; Privacy Statement

Where Company has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Company may disclose IP addresses, personal information, and any contents of the App where it is legally compelled to do so.  Please read the Company Privacy Policy, available at https://workerspring.com/privacy  relating to our collection, use, storage and disclosure of your Personal Information.

11 Acceptable Use 

You agree not to use the App to collect, upload, transmit, display, or distribute any content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, defamatory, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) transmit to the App any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the App unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the App to harvest, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the App, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the App (or to other computer systems or networks connected to or used together with the App), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the App; or (vi) use software or automated agents or scripts to produce multiple accounts on the App, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the App.  

We reserve the right (but have no obligation) to review any content, materials, or information that you provide to or through the App, and to investigate and take appropriate action against you in our sole discretion for any violation of this Section 11 or any other provision of these Terms or if you otherwise create liability for us or any other person. Such action may include removing or modifying such content, materials or information, or terminating your account in accordance with Section 15, Term and Termination, below, and reporting you to law enforcement authorities.

You are solely responsible for your interactions with other users of the App. We reserve the right, but have no obligation, to monitor disputes between you and other users. W-APPS shall have no liability for your interactions with other users, or for any user’s action or inaction. W-APPS shall have no obligation to you to enforce these Terms against any other user.

12 Feedback

If you submit or otherwise provide us any communications, content or material, including, without limitation, any personal or commercial information, idea, concept or invention, you hereby irrevocably grant to us an unrestricted, worldwide, perpetual, sublicensable (through multiple tiers), royalty-free license to use, reproduce, display publicly, perform, publish, transmit, distribute and otherwise exploit such materials in any medium and for any purpose, and you further agree that we are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to us in accordance with the foregoing license grant. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding materials, ideas, concepts or know-how provided to us that you may have under any applicable law under any legal theory.  You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

13 United States Only 

The App is hosted in the United States and is provided for use only by persons located in the United States.  All matters relating to the App are governed exclusively by the laws of the State of North Carolina in the United States of America and not the jurisdiction in which you are located. If you are located outside of the United States and you contact us, please be advised that any information you provide to us will be transferred to the United States and that by submitting information, you explicitly authorize such transfer. We make no claim that the App or any of its content is accessible or appropriate outside of the United States.  Access to the App may not be legal by certain persons or in certain countries.  If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.

14 Indemnification

To the fullest extent permitted by applicable law, you agree to defend, hold harmless and indemnify Company, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the App, any content, information or materials that you transmit to or through the App, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the App.  You further agree that Company shall have control of the defense or settlement of any third-party claims.  This indemnity is in addition to, and not in lieu of, any other indemnities set forth in an enforceable written agreement between you and Company. 

15 Term and Termination 

Subject to this Section, these Terms will remain in full force and effect while you use the App.  We may suspend or terminate your rights to use the App (including your account) at any time for any reason at our sole discretion, including for any use of the App in violation of these Terms.  Upon termination of your rights under these Terms, your account and right to access and use the App will terminate immediately.  You understand that any termination of your account may involve deletion of any content, information or materials associated with your account from our databases.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of any content, information or materials you provide to or through the App.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 5-13 and 14-26.

16 Disclaimers 

THE APP IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  NEITHER WE NOR OUR SUPPLIERS MAKE ANY WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE APP, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. NEITHER W-APPS, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE APP AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE W-APPS AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE APP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  

17 Limitation of Liability 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE APP IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.  

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.   

18 Governing Law and Jurisdiction 

Company operates the App from North Carolina, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of North Carolina, U.S.A., including its statutes of limitation but without reference to conflict or choice of law provisions that would result in the application of the laws of any other jurisdiction. The exclusive forum for the resolution of any dispute relating to these Terms shall be in the state courts sitting in Wake County, North Carolina, U.S.A., or, if it has jurisdiction, the United States District Court for the Eastern District of North Carolina, and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and agree to service of process on you by e-mail to the address you have submitted on the App, if any, and by any other means permitted by law.

19 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20 Notice   

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Company at the following contact:

Email: support@workerspring.com

Postal Mail: 8601 Six Forks Road, Suite 400

Raleigh, North Carolina 27615

Any notices to you may be made via either email or postal mail to the address in Company’s records or via posting on the App.  Please report any violations of these Terms to the Company at the contact listed above. 

21 Changes

These Terms may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by posting the revised version of the Terms on the App.  You can determine when we last updated these Terms by referring to the “Last Updated” legend at the bottom of these Terms.  By accessing, browsing, or using the App following the posting of changes to these Terms, you accept such changes.  We recommend that you periodically visit this page of the App to review these Terms.

22 Export

The App may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations. 

23 Disclosures

Company is located at the address in Section 22. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

24 Electronic Communications

The communications between you and Company use electronic means, whether you use the App or send us emails, or whether Company posts notices on the App or communicates with you via email. For contractual purposes, in addition to receiving communications via mail to your physical address, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

25 Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the App. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Neither party to these Terms is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees. 

26 Copyright/Trademark Information

Copyright © 2022. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Last Updated: April 8th, 2022