Terms & Conditions

AGREEMENT TO TERMS
 
These Terms of Use constitute a legally binding agreement made between you, whether personally or on
behalf of an entity (“you”) and BV Narayana Swami and Co, doing business as software provider (“we”, “us”, or
“our”), concerning your access to and use of the thehorecacentral.com webapp as well as any other media
form, media channel, mobile webapp or mobile application related, linked, or otherwise connected thereto
(collectively, the “App”). You agree that by accessing the App, you have read, understood, and agreed to be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE APP AND YOU MUST DISCONTINUE USE IMMEDIATELY.
 
Supplemental terms and conditions or documents that may be posted on the App from time to time are
hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any
changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific
notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed
of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the
changes in any revised Terms of Use by your continued use of the App after the date such revised Terms of
Use are posted.  
 
The information provided on the App is not intended for distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would be contrary to law or regulation or which would
subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the App from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable. 
 
The App is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to
use or register for the App. 
 
INTELLECTUAL PROPERTY RIGHTS
 
Unless otherwise indicated, the App is our proprietary property and all source code, databases, functionality,
software, webapp designs, audio, video, text, photographs, and graphics on the App (collectively, the
“Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or
controlled by us or licensed to us, and are protected by copyright and trademark laws and various other

intellectual property rights and unfair competition laws of India, foreign jurisdictions, and international
conventions. The Content and the Marks are provided on the App “AS IS” for your information and personal
use only. Except as expressly provided in these Terms of Use, no part of the App and no Content or Marks may
be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
 
Provided that you are eligible to use the App, you are granted a limited license to access and use the App and
to download or print a copy of any portion of the Content to which you have properly gained access solely for
your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, the
Content and the Marks.
 
USER REPRESENTATIONS
 
By using the App, you represent and warrant that: (1) you have the legal capacity and you agree to comply
with these Terms of Use;  (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access
the App through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not
use the App for any illegal or unauthorized purpose; and (5) your use of the App will not violate any applicable
law or regulation.
 
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to
suspend or terminate your account and refuse any and all current or future use of the App (or any portion
thereof). 
 

PROHIBITED ACTIVITIES
 
You may not access or use the App for any purpose other than that for which we make the App available. The
App may not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
 
As a user of the App, you agree not to:
1.  Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from us. 
2.  Make any unauthorized use of the App, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or creating user accounts by
automated means or under false pretenses. 

3.  Use a buying agent or purchasing agent to make purchases on the App. 
4.  Use the App to advertise or offer to sell goods and services. 
5.  Circumvent, disable, or otherwise interfere with security-related features of the App, including features
that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or
the Content contained therein. 
6.  Engage in unauthorized framing of or linking to the App. 
7.  Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords. 
8.  Make improper use of our support services or submit false reports of abuse or misconduct. 
9.  Engage in any automated use of the system, such as using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and extraction tools. 
10.  Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to
the App. 
11.  Attempt to impersonate another user or person or use the username of another user. 
12.  Sell or otherwise transfer your profile. 
13.  Use any information obtained from the App in order to harass, abuse, or harm another person. 
14.  Use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any
revenue-generating endeavor or commercial enterprise. 
15.  Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the App. 
16.  Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any
portion of the App. 
17.  Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of
the App to you. 
18.  Delete the copyright or other proprietary rights notice from any Content. 
19.  Copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other
code. 
20.  Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or
interferes with the use, features, functions, operation, or maintenance of the App. 
21.  Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or “pcms”). 
22.  Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the App, or using or launching any unauthorized script or other software. 

23.  Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App. 
24.  Use the App in a manner inconsistent with any applicable laws or regulations. 
 

USER GENERATED CONTRIBUTIONS
 
The App may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and
other functionality, and may provide you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us or on the App, including but not limited
to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or
other material (collectively, "Contributions"). Contributions may be viewable by other users of the App and
through third-party webapps. As such, any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you thereby represent and warrant
that:
  
1.  The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to
the copyright, patent, trademark, trade secret, or moral rights of any third party.
2.  You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions
to use and to authorize us, the App, and other users of the App to use your Contributions in any manner
contemplated by the App and these Terms of Use.
3.  You have the written consent, release, and/or permission of each and every identifiable individual person in
your Contributions to use the name or likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the App and these Terms of Use.
4.  Your Contributions are not false, inaccurate, or misleading.
5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid
schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8.  Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or
threaten physical harm against another.
9.  Your Contributions do not violate any applicable law, regulation, or rule.
10.  Your Contributions do not violate the privacy or publicity rights of any third party.
11.  Your Contributions do not contain any material that solicits personal information from anyone under the
age of 18 or exploits people under the age of 18 in a sexual or violent manner.

12.  Your Contributions do not violate any federal or state law concerning child pornography, or otherwise
intended to protect the health or well-being of minors;
13.  Your Contributions do not include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
14.  Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms
of Use, or any applicable law or regulation.
Any use of the App in violation of the foregoing violates these Terms of Use and may result in, among other
things, termination or suspension of your rights to use the App.
 
 
CONTRIBUTION LICENSE
 
By posting your Contributions to any part of the App, you automatically grant, and you represent and warrant
that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your
image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of,
or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The
use and distribution may occur in any media formats and through any media channels.
 
This license will apply to any form, media, or technology now known or hereafter developed, and includes our
use of your name, company name, and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in
your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
 
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions
and any intellectual property rights or other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided by you in any area on the App. You
are solely responsible for your Contributions to the App and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us regarding your Contributions.  
 
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the App;
and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions. 
 

GUIDELINES FOR REVIEWS
 
We may provide you areas on the App to leave reviews or ratings. When posting a review, you must comply
with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2)
your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your
reviews should not contain discriminatory references based on religion, race, gender, national origin, age,
marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal
activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make
any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8)
you may not organize a campaign encouraging others to post reviews, whether positive or negative. 
 
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen
reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid,
assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to reviews.
   

MOBILE APPLICATION LICENSE
 
Use License
 
If you access the App via a mobile application, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application on wireless electronic devices owned or controlled by
you, and to access and use the mobile application on such devices strictly in accordance with the terms and
conditions of this mobile application license contained in these Terms of Use. You shall not: (1) decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any
modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3)
violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4)
remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us
or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a
network or other environment permitting access or use by multiple devices or users at the same time; (7) use
the application for creating a product, service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the application; (8) use the application to send automated queries to any webapp or

to send any unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or
our other intellectual property in the design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
 
Apple and Android Devices
 
The following terms apply when you use a mobile application obtained from either the Apple Store or Google
Play (each an “App Distributor”) to access the App: (1) the license granted to you for our mobile application is
limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android
operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with
respect to the mobile application as specified in the terms and conditions of this mobile application license
contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that
each App Distributor has no obligation whatsoever to furnish any maintenance and support services with
respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any
applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance
with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the
maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation
whatsoever with respect to the mobile application; (4) you represent and warrant that (i) 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 (ii) you are not listed on any U.S. government list of
prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when
using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their
wireless data service agreement when using the mobile application; and (6) you acknowledge and agree that
the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license
contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have
accepted the right) to enforce the terms and conditions in this mobile application license contained in these
Terms of Use against you as a third-party beneficiary thereof. 
  

SUBMISSIONS
 
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information
regarding the App ("Submissions") provided by you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions,
and you hereby warrant that any such Submissions are original with you or that you have the right to submit

such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions. 
 
THIRD-PARTY WEBAPPS AND CONTENT
 
The App may contain (or you may be sent via the App) links to other websites ("Third-Party Websites") as well
as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed
through the App or any Third-Party Content posted on, available through, or installed from the App, including
the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in
the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the App and access the Third-Party Websites or to use or install any Third-
Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You
should review the applicable terms and policies, including privacy and data gathering practices, of any
websites to which you navigate from the App or relating to any applications you use or install from the App.
Any purchases you make through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. You agree and acknowledge that we do not endorse the products
or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your
purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by
you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with
Third-Party Websites. 
 

ADVERTISERS
 
We allow advertisers to display their advertisements and other information in certain areas of the App, such as
sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for
any advertisements you place on the App and any services provided on the App or products sold through
those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and
authority to place advertisements on the App, including, but not limited to, intellectual property rights,
publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we
have no other relationship with advertisers. 
 

APP MANAGEMENT
 
We reserve the right, but not the obligation, to: (1) monitor the App for violations of these Terms of Use; (2)
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of
Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion
and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the App or otherwise disable all files and content that
are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the App in a
manner designed to protect our rights and property and to facilitate the proper functioning of the App.
 

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy in this website. By using the App,
you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised
the App is hosted in the United States. If you access the App from the European Union, Asia, or any other
region of the world with laws or other requirements governing personal data collection, use, or disclosure that
differ from applicable laws in the United States and/or India, then through your continued use of the App, you
are transferring your data to the United States, and you expressly consent to have your data transferred to
and processed in the United States.  Further, we do not knowingly accept, request, or solicit information from
children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy
Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal
information to us without the requiapp and verifiable parental consent, we will delete that information from
the App as quickly as is reasonably practical. 
 

COPYRIGHT INFRINGEMENTS
 
We respect the intellectual property rights of others. If you believe that any material available on or through
the App infringes upon any copyright you own or control, please immediately notify us using the contact
information provided below (a “Notification”). A copy of your Notification will be sent to the person who
posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you
may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not
sure that material located on or linked to by the App infringes your copyright, you should consider first
contacting an attorney.

 
TERM AND TERMINATION
 
These Terms of Use shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR DELETE
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
 
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third party, even if you may be
acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right
to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
 
MODIFICATIONS AND INTERRUPTIONS 
 
We reserve the right to change, modify, or remove the contents of the App at any time or for any reason at
our sole discretion without notice. However, we have no obligation to update any information on our App. We
also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be
liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.  
 
We cannot guarantee the App will be available at all times. We may experience hardware, software, or other
problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time or
for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the
App. Nothing in these Terms of Use will be construed to obligate us to maintain and support the App or to
supply any corrections, updates, or releases in connection therewith.
 
GOVERNING LAW 
 
These Terms of Use and your use of the App are governed by and construed in accordance with the laws of the
State of Karnataka applicable to agreements made and to be entirely performed within the State of Karnataka,
without regard to its conflict of law principles.  
 

DISPUTE RESOLUTION
 
Binding Arbitration
 
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the
American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA webapp
www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA
Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to
by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be
conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except
where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in India.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
 
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or
prosecuted in the state and federal courts located in India and the Parties hereby consent to, and waive all
defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in
such state and federal courts. Application of the United Nations Convention on Contracts for the International
Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these
Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the App be commenced more than
3 months after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither
Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
 
Restrictions
 
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the
full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right
or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c)

there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of
the general public or any other persons.
 
Exceptions to Arbitration
 
The Parties agree that the following Disputes are not subject to the above provisions concerning binding
arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual
property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision
found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of
that court.
 
CORRECTIONS
 
There may be information on the App that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the App at any time, without prior
notice.
 
DISCLAIMER
 
THE APP IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APP AND
OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE APP’S CONTENT OR THE CONTENT OF ANY WEBAPPS LINKED TO THE
APP AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (3) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
APP, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE APP BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. WE DO NOT WARRANT, ENDORSE,

GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE APP, ANY HYPERLINKED WEBAPP, OR ANY WEBAPP OR MOBILE APPLICATION
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN
ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
 
LIMITATIONS OF LIABILITY
 
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF
ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
 
INDEMNIFICATION
 
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) your Contributions; (2) use of the App; (3) breach of these Terms of Use; (4) any breach of your
representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of
the App with whom you connected via the App. Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any matter for which you are required to indemnify
us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
  
USER DATA
 

We will maintain certain data that you transmit to the App for the purpose of managing the performance of
the App, as well as data relating to your use of the App. Although we perform regular routine backups of data,
you are solely responsible for all data that you transmit or that relates to any activity you have undertaken
using the App. You agree that we shall have no liability to you for any loss or corruption of any such data, and
you hereby waive any right of action against us arising from any such loss or corruption of such data.
  
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
 
Visiting the App, sending us emails, and completing online forms constitute electronic communications. You
consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the App, satisfy any legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APP. You hereby
waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means. 
  
MISCELLANEOUS
 
These Terms of Use and any policies or operating rules posted by us on the App or in respect to the App
constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any
right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of
Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to
others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable
from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There
is no joint venture, partnership, employment or agency relationship created between you and us as a result of
these Terms of Use or use of the App. You agree that these Terms of Use will not be construed against us by
virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic
form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.