NUMBASE END USER LICENSE AGREEMENT
Effective as of October-2019
Welcome to HereYouGo (the “App”), operated by Numbase LLC, a Delaware limited liability company (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, this “End User License Agreement” or “EULA”), govern your access to and use of the App and any other sites, applications, features, content or promotions offered by us from time to time that link or otherwise refer to this EULA (each a “Service” and collectively, the “Services”), whether as a guest or a registered user.
Acceptance of EULA
NOTE THAT THE “ARBITRATION AGREEMENT” SECTION BELOW CONTAINS PROVISIONS THAT REQUIRE WITH LIMITED EXCEPTIONS, ALL DISPUTES ARISING BETWEEN YOU AND THE COMPANY UNDER THIS AGREEMENT TO BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT, AND THAT YOU AND THE COMPANY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES. PLEASE READ THE ARBITRATION AGREEMENT CAREFULLY. BY ACCESSING AND/OR USING THE SERVICES AND ACCEPTING THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT. ALSO, WHILE YOU ARE USING THE SERVICES, WE MAY ASK FOR PERMISSION TO ACCESS CERTAIN INFORMATION OR DATA ON YOUR DEVICE INCLUDING FOR EXAMPLE CONTACTS, LOCATION, CAMERA AND PICTURE GALLERY, AND ANY OTHER DATA TO BE USED WITH THE FEATURES AND FUNCTIONALITY OF THE SERVICES.
The Services are offered and available to users who are at least 18 years of age. By accessing and/or using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of eligibility requirements set forth herein. If you do not meet all of these requirements, you must not access or use the Services. The Company may require proof of your identity or eligibility at any time to use or continue to use in a Service. Failure to provide evidence of identity or eligibility satisfactory to the Company, and determined in the Company’s sole discretion, may result in suspension or termination of your account. The Company reserves the right to monitor all activities on the Services, including without limitation, any effort to establish accounts in violation of this EULA and to deny access to anyone, including, without limitation, those users who use proxy servers and/or IP addresses residing in certain geographical areas.
Changes to the EULA and Services
We may revise and update this EULA from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of any Service following the posting of revised EULA means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We may update the content on the Services from time to time, but content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material. We reserve the right to withdraw or amend the Services, and any material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including registered users.
Access to the Services and Termination
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. If you are accessing the Services on behalf of an organization, each person in your organization must have their own account. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Intellectual Property Rights
The Services and all contents, features and functionality (including, without limitation, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) contained therein, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company names and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. “Numbase” and any other associated marks are the sole property of the Company and no license to use any of these marks is given or implied. You must not use any such content or marks without the prior written permission of the Company.
Unless explicitly permitted on the Services, you must not reproduce, reuse, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services. If the Services permit you to embed, share or link to content on the Services, it is for your personal, non-commercial use only, unless prior approved in writing by the Company. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without prior written consent, where that consent may be revoked at any time for any reason. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the EULA, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by this EULA is a breach of this EULA and may violate copyright, trademark and other laws.
If you purchase a product or service made available through the Services, (each such purchase, a “Transaction”), you will be asked to provide certain information to complete such purchase, which may include, without limitation, your credit card number, the expiration date of your credit card, billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION AND AGREE TO PAY ALL CHARGES THAT MAY BE INCURRED BY YOU OR ON YOUR BEHALF THROUGH THE SERVICES, AT THE PRICE(S) IN EFFECT WHEN SUCH CHARGES ARE INCURRED INCLUDING, WITHOUT LIMITATION, ALL SHIPPING AND HANDLING CHARGES AND APPLICABLE TAXES. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You are responsible for any taxes that may be applicable to your Transactions. We may be required by law to collect sales tax on orders shipped to certain states and if your order is shipping to these states, the appropriate charges will be added to your merchandise total and displayed on your final order confirmation. We reserve the right to collect sales tax in any other jurisdictions if we believe that such collection is required by law. The prices displayed on the Services are quoted in U.S. dollars, unless otherwise indicated. All orders placed through the Services are subject to our acceptance and we may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, we will issue you a refund.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
You may use the Services only for lawful purposes and in accordance with this EULA. You agree not to use the Services:
Monitoring and Enforcement
We have the right, but not the obligation, to monitor the Services and to take any action with respect to your use of the Services or any content that we deem necessary or appropriate in our sole discretion, including if we believe that you or such content violates the EULA, could cause harm to the Services, threatens the personal safety of users of the Services or the public or could create liability for the Company. We may terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this EULA. We may take appropriate legal action in connection any illegal or unauthorized use of the Services, including without limitation, referral to law enforcement. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Services or anyone posting or distributing any materials on or through the Services.
You understand and acknowledge that you are responsible for any content or information you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any content or information uploaded, sent or posted by you or any other user of the Services. We may remove any content, at any time, including, without limitation, for non-compliance with this EULA. However, we do not undertake to review all material before it is sent or posted on or through the Services and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We respect the intellectual property rights of others and request that users of the Services respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend or terminate a user’s access to and use of the Service if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the Services in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act: (i) provide your physical or electronic signature; (ii) identify the copyright work that you believe is being infringed; (iii) identify the item in the Services that you think is infringing your work and include sufficient information about where the material is located on the website; (iv) provide us a way to contact you, such as your address, phone number or email address; (v) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and (vi) provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.
Copyright Agent: email@example.com
Information About You and Your Visits to the Services
Links from the Services and Third-Party Content
If the Services contain links to other content services provided by third-parties, these links, services or content are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third parties. If you decide to access any of the third-party sites linked to from the Services, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such third-party services.
How We Use Your Information
We may use your information, including, any personal information (i.e., information that identifies a specific person, such as full name or email address), and including information that you may provide to us or grant us access to including your social media accounts, contact numbers, email addresses, physical addresses, phone book and information in your contacts list as follows:
By accessing and/or using the Services, you accept and agree to be bound and abide by all the terms set in this policy for the information we collect and how we use this information.
Disclaimer of Warranties
YOUR USE OF THE SERVICES AND ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY CONTENT OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, RELATED PARTIES, ITS ADVERTISERS OR SPONSORS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY SITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SITES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree to defend, indemnify and hold harmless the Company, its affiliates, related parties, advertisers and sponsors, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this EULA or your use of the Services.
Governing Law; Jurisdiction
Use of the Services and any controversy, claim or dispute arising out of or relating in any way to your use of the Services, this EULA and/or services or products purchased through Services shall be governed by the laws of the State of California without respect to its choice (or conflict) of laws rules. Any claim or cause of action you may have with respect to the Company or the Services must be commenced within one (1) year after the claim or cause of action arose. Jurisdiction and venue for any dispute shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.
Class Action Waiver
BOTH YOU AND THE COMPANY WAIVE THE RIGHT TO BRING ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR PURCHASES THROUGH THE SERVICES AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION REGARDING ANY SUCH CLAIM BROUGHT BY ANYONE ELSE.
Waiver and Severability
No waiver by the Company of any term or condition set forth in this EULA shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this EULA shall not constitute a waiver of such right or provision. Except as otherwise expressly provided herein, if any provision of this EULA is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this EULA will continue in full force and effect.
Questions, Comments and Concerns
All questions, feedback, comments, requests for technical support and other communications relating to the Services should be directed to: firstname.lastname@example.org Thank you for visiting the Services.