Last Updated: December 1, 2020
1. USE OF THE SERVICES AND ADSWERVE PROPERTIES.
2.2. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Adswerve. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Adswerve immediately of any unauthorized use of your password or any other breach of security. You agree not to create an Account on behalf of someone other than yourself unless permitted in writing by Adswerve. Adswerve reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Adswerve Properties if you have been previously removed by Adswerve, or if you have been previously banned from any Adswerve Properties.
2.3. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Adswerve Properties, including but not limited to, a mobile device that is suitable to connect with and use Adswerve Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Adswerve Properties. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and/or texts in order to perform and improve upon the Services. Adswerve will not assess and charge for any calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing email@example.com.
3.1. Adswerve Properties. You agree that Adswerve and its suppliers own all rights, title and interest in Adswerve Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Adswerve Properties. You agree that you have no right, title, or interest in or to any Content that appears on or in Adswerve Properties.
3.2. Trademarks. Adswerve, Inc. and all related graphics, logos, service marks and trade names used on or in connection with any Adswerve Properties or in connection with the Services are the trademarks of Adswerve and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Adswerve Properties are the property of their respective owners.
3.3. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Adswerve through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Adswerve has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Adswerve a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Adswerve Properties and/or Adswerve’s business.
8. DISCLAIMER OF WARRANTIES AND CONDITIONS.
8.1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF ADSWERVE PROPERTIES IS AT YOUR SOLE RISK, AND ADSWERVE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ADSWERVE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE ADSWERVE PROPERTIES.
8.1.1. ADSWERVE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) ADSWERVE PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF ADSWERVE PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF ADSWERVE PROPERTIES WILL BE ACCURATE OR RELIABLE.
8.1.2. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH ADSWERVE PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS ADSWERVE PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
8.1.3. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. ADSWERVE MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
8.1.4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ADSWERVE OR THROUGH ADSWERVE PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8.1.5. From time to time, Adswerve may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Adswerve’s sole discretion. The provisions of this section apply with full force to such features or tools.
8.2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT ADSWERVE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ADSWERVE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
9. LIMITATION OF LIABILITY.
9.1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ADSWERVE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ADSWERVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF ADSWERVE PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE ADSWERVE PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH ADSWERVE PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ADSWERVE PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO ADSWERVE PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN ADSWERVE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN ADSWERVE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN ADSWERVE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
9.2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL ADSWERVE PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO ADSWERVE BY YOU OR YOUR ORGANIZATION DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN ADSWERVE PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY AN ADSWERVE PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY AN ADSWERVE PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
9.3. Basis of the Bargain. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Adswerve and you.
10. TERM AND TERMINATION.
11. INTERNATIONAL USERS. Adswerve Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Adswerve intends to announce such Services or Content in your country. Adswerve Properties are controlled and offered by Adswerve from its facilities in the United States of America. Adswerve makes no representations that Adswerve Properties are appropriate or available for use in other locations. Those who access or use Adswerve Properties from other countries do so at their own volition and are responsible for compliance with local law.
12. GENERAL PROVISIONS.
12.3. Force Majeure. Adswerve shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
12.4. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Adswerve Properties, please contact us at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
12.9. Export Control. You may not use, export, import, or transfer Adswerve Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Adswerve Properties, and any other applicable laws. In particular, but without limitation, Adswerve Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Adswerve Properties, you represent and warrant that (y) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that products, services or technology provided by Adswerve are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Adswerve products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
12.10. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.