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Effective Date: March 15, 2016
1. Types of Information Collected
In order to better provide you with our numerous services, we collect two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our Application.
Drophook does not knowingly collect or solicit information from anyone under the age of 13 or knowingly allow such persons to register for the services. The services and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Application, such as registering for a membership, claiming a deal, making in-app purchases, submitting content and/or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to elect to engage in these activities; however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), telephone number, e-mail address, username and password, and, if applicable, social media account login information. When making an in-app purchase, you may be asked to provide a credit card number or your Distribution Channel credentials to complete the transaction. In order to provide you with geographically-appropriate information, we may also collect location information obtained through the GPS capabilities of your mobile device, if such capabilities are enabled on your mobile device. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We may gather certain information about you based upon where you visit on our Application in several ways. This information is compiled and analyzed on both a personal and an aggregated basis.
2. Collection Methods and Use of Information
We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you (a) register for our services and register your e-mail address with us; (b) enter sweepstakes or contests sponsored by us or one of our partners; (c) sign up for special offers from selected third parties; (d) send e-mail messages, submit forms or transmit other information by telephone or letter; or (e) submit your credit card or other payment information when making in-app purchases. We may also collect information from you at other points on our Application that state that such information is being collected.
In addition, we may also collect, or our third party ad server and/or content server may collect, certain Non-Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers, software, to administer our Application and to gather demographic information. Our third party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon on our Application.
3. Release of Information
We do not sell, trade, or rent your Personally Identifiable Information to others. We do provide some of our services through contractual arrangements with affiliates, services providers, partners, and other third parties. We and our service partners may use your Personally Identifiable Information to operate our Application and to deliver our services. For example, we must release your credit card information to the card-issuing bank to confirm payment for good or services purchased through this Application; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service.
We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners, and is not subject to our control.
Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We may also provide Non-Personally Identifiable Information about our customers' sales, traffic patterns, and related information to third party advertisers, but these statistics do not include any Personally Identifiable Information.
4. Updating and Correcting Information
We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your account at any time by following instructions posted elsewhere on this Application. You may also access and correct your personal information and privacy preferences by e-mailing us at 678-870-4444.
We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed. While you may delete the Application and you account at any time, it may be impossible to completely delete your information without some residual information due to backups.
5. User Choices on Collection and Use of Information
We may, from time to time, send you e-mail regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Drophook, LLC (or agents working on behalf of Drophook, LLC and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily edit your account information to no longer receive such offers and mailings.
6. Security of Information
In our Application you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us. Your Personally Identifiable Information is protected in several ways. Access by you to your Personally Identifiable Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected Drophook, LLC personnel and contractors have access to via password. We encrypt your Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to us.
Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside Drophook LLC, you will not be asked to select a password in order to view or modify such information.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Application cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
7. Privacy Policies of Third Party Sites
8. Miscellaneous Privacy Issues
You must be at least 13 years old to have our permission to use this Application. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 13 years of age.
You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, e-mail address, etc.) in the discussion forums or other public areas in this Application, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to chat rooms or other public areas in this Application are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you're online.
Â© 2015 All Rights Reserved
Drophook, LLC Mobile Application End User License Agreement
THE APPLICATION (AS DEFINED BELOW) YOU ARE DOWNLOADING OR HAVE DOWNLOADED HAS BEEN PROVIDED BY DROPHOOK, LLC (HEREINAFTER, âWEâ OR âUSâ). BY INSTALLING OR USING ALL OR ANY PORTION OF THE APPLICATION, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (âAGREEMENTâ). UPON ACCEPTANCE, THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY ENTITY THAT OBTAINED THE APPLICATION AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE APPLICATION. ACCORDINGLY, YOU AND DROPHOOK, LLC AGREE TO THE FOLLOWING:
The âApplicationâ consists of: (a) the Drophook mobile application, including all content, information, data, designs, code, and materials associated with the application and all derivative works of the foregoing (âContentâ); and (b) any files that are delivered to you by us (via online transmission, through a third party distributor, or otherwise) to patch, update, or otherwise modify the Drophook mobile application. The Application is the copyrighted work of Drophook, LLC and may contain trademarks, service marks, trade names, and other intellectual property of Drophook, LLC.
If you are accessing the Application via a distribution channel (âDistribution Channelâ), such as the Apple App Store or the Android Marketplace, you and Drophook, LLC acknowledge that this Agreement is entered into between you and Drophook, LLC, that the Distribution Channel is not a party to this Agreement, that Drophook, LLC and its licensors are solely responsible for the Application and the Content, and that the Distribution Channel will not provide you any support and maintenance for the Application.
THE APPLICATION MAY USE LOCATION-BASED SERVICES TO LOCATE YOU. IF YOU CHOOSE TO USE THE APPLICATION, YOU CONSENT TO DROPHOOK LLC AND ITS THIRD PARTY PROVIDERS DETERMINING YOUR LOCATION. THE LOCATION-BASED SERVICES FEATURES ARE FOR INDIVIDUAL USE ONLY AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING BOATS OR VEHICLES, USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER SITUATION IN WHICH THE FAILURE OR INACCURACY OF THE LOCATION-BASED SERVICES COULD LEAD TO DEATH OR PERSONAL INJURY.
1. Changes to Terms
We may make changes to this Agreement from time to time and we will post a copy of the updated Agreement at the Drophook, LLC website (www.drophook.com) that will be applicable to installation or continued use after the effective date of the update. You acknowledge and agree that if you install or use the Application after the date on which the Agreement has changed, we will treat your installation or continued use as acceptance of the updated Agreement on a going-forward basis. If any future changes to this Agreement or any applicable Additional Terms are unacceptable to you or cause you to no longer be in compliance with this Agreement, you should terminate your use of the Application as provided in Section 15. You acknowledge and agree that we may completely modify, suspend, or discontinue the Application or the Content at our sole discretion and with or without notice to you. You further acknowledge and agree that even if a copy of the Application continues to reside on your device, after we modify, suspend or discontinue the Application, the Application may not work as it did prior to such action, and Drophook, LLC will have no liability to you or any third party as a result.
You agree that we may also impose limits on certain features or restrict your access to part or all of the Application or Content without notice or liability to you. We may add additional features to the Application or Content that require payment, convert existing features of the Application or Content to paid services, or change the existing payment structure for the Application or Content. You agree that free access to all or a portion of the Application or Content at a point in time does not give you a right to continued free access to any or all of the Application or Content. You have no interest, monetary or otherwise, in any feature or content contained in the Application or Content.
2. Distribution Channel.
Because you are obtaining the Application from a Distribution Channel, such as an app store, your download is subject to the terms of the Distribution Channel.
3. Registration Data and Privacy
In order to access the services on the Application, you will require a separate account and password that can be obtained by completing our registration form, which requests certain information and data ("Registration Data"). By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.
Refunds, returns, or exchanges will be provided on a case-by-case basis, at the request of the purchaser, subject to our approval. For goods purchased through the Application, we will only issue a refund once the item has been returned and inspected. Users are required to pay for return shipping, unless otherwise indicated. You may cancel a purchase by immediately e-mailing us at any time prior to your item being shipped. You may cancel your fee-based subscription by e-mailing us or cancelling your account. Approved refunds or returns will result in a reversal of payment through the Distribution Channel or credit card that was provided when completing the transaction.
In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
You acknowledge and agree that Drophook LLC has all right, title, and interest in and to the Application, including all Content delivered through the Application and all intellectual property rights associated with the Application. The Application is protected by the copyright laws of the United States, international treaties and conventions, and other laws. Except as expressly stated herein, you have no intellectual property rights in the Application (including without limitation any rights to use the trademarks, trade names, servicemarks, logos, domain names, and other distinctive brand features), and Drophook, LLC reserves all rights not expressly granted to you. You must comply with all laws when using the Application as well as all applicable copyright, trademark or other legal notices or restrictions.
We reserve all rights to the Application and Content, other than the limited license in Section 6 of this Agreement. You may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Application or Content without our permission. You also may not transfer, resell, or sublicense this limited right to use the Application.
By using the Application, you agree that you will not:
(a) in whole or in part, copy, photocopy, reproduce, translate, modify, adapt, create derivative works based on, or reverse engineer, derive source code from, disassemble, decompile, or otherwise attempt to discover the source code of, the Application, except to the extent required by applicable law;
(b) install or use the Application on a computer or other device that is primarily used as a file server;
(c) remove, obscure, or alter any copyright, trademark, logo, or other proprietary notices in or on the Application;
(d) use any unauthorized third party software that intercepts, âmines,â or otherwise collects information from or through the Application, unless authorized by Drophook, LLC in its sole discretion;
(e) sell, rent, lease, sublicense, assign, transfer, or grant a security interest in your rights in the Application, or authorize all or any portion of the Application to be copied onto another userâs computer except as permitted hereunder;
(f) intercept, emulate, or redirect the communication protocols used by the Application in any way, for any purpose, or engage in any activity that interferes with or disrupts the Application or Drophook, LLCâs or its vendorsâ servers or other infrastructure; or
(g) facilitate, create, or maintain any unauthorized connection to the Application, including without limitation:
(i) any connection to any unauthorized server that emulates, or attempts to emulate, Drophook, LLCâs or its vendorsâ servers; and
(ii) any connection using programs or tools not approved by Drophook, LLC in its sole discretion.
6. Grant of a Limited Use License.
Subject to your compliance with this Agreement, we hereby grant, and you hereby accept, a limited, non-exclusive license to: (a) install the Application on any mobile device owned by you or under your legitimate control; andÂ (b)Â engage in non-commercial use of the Application. All rights to use the Application are granted on the condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
7. Use of the Application.
As part of the Application, you may receive push notifications, text messages, MMS messages or other types of messages directly sent to you outside or inside the Application (collectively, "Push Messages"). You may control the Push Messages in your device's or the Applicationâs settings. Some of the Push Messages may be related to your location or to your use of the Application or Content. Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your deviceâs or the Applicationâs settings or by deleting the Application. We may collect information related to your use of Push Messages. If you have registered for Push Messages, you agree to notify us of any changes to your mobile number, as applicable, and update your account on the Application to reflect this change.
The Application may allow you to access and interact with third party businesses, software applications, and data services (collectively, âThird Party Businessesâ). We have no control over any Third Party Businesses you may connect to using the Application and we are not responsible for the practices of any third party. You acknowledge and agree that Drophook, LLC is not liable for any loss or damage which may be incurred by you as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on or available from Third Party Businesses. You acknowledge that the Application may check for updates to the Application that may be available to you.
8. Conduct on the Application
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the contents of your communications through the Application. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Application, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:
(a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts;
(b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation or promotion without our express permission, or any form of lottery or gambling;
(e) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(f) impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Application. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Application. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with this Agreement and any other rules of user conduct for our Application, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See Section 9 below for a description of the procedures to be followed in the event that any party believes that content posted on the Application infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Application may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the Application or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites or applications, including cooperating with law enforcement authorities in investigating suspected criminal violations.
9. User's Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals; accordingly, we request that you do not submit them to us in any circumstance.
We respect the intellectual property of others and we ask you to do the same. If you or any user of the Application believes its copyright, trademark, or other property rights have been infringed by a posting on the Application, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
(d) Identification of the material that is claimed to be infringing, or to be subject to infringing activity, and that is to be removed and information reasonably sufficient to permit us to locate the materials;
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
(f) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
757 SE 17th Street
Fort Lauderdale, FL 33316
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
10. Social Network Accounts
11. Participation in Promotions
From time to time, the Application may include advertisements offered by Third Party Businesses. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Application. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
12. Warranty Disclaimer.
DROPHOOK, LLC DOES NOT WARRANT: (1) THAT THE APPLICATIONâS FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE APPLICATION OR THE SERVERS HOSTING CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE APPLICATION OR CONTENT AVAILABLE THROUGH THE APPLICATION WILL CONTINUE TO BE AVAILABLE. DROPHOOK, LLC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE APPLICATION, ARE PROVIDED âAS IS,â âAS AVAILABLE,â AND âWITH ALL FAULTS,â EXCEPT TO THE EXTENT NOT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE APPLICATION.
13. Limitation of Liability/Release of Claims.
DROPHOOK, LLC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE APPLICATION, EVEN IF FORESEEABLE OR EVEN IF DROPHOOK, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. DROPHOOK, LLCâS LIABILITY IN CONNECTION WITH THE APPLICATION FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR DOWNLOAD OF THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED-REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF DROPHOOK, LLCâS ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED, CONTROLLED, OR DISTRIBUTED BY DROPHOOK, LLC, INCLUDING WITHOUT LIMITATION THE APPLICATION.
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE Â§ 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS. CALIFORNIA CIVIL CODE Â§1542 STATES: âA general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.â SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You will indemnify, defend, and hold Drophook, LLC and all of its officers, directors, owners, employees, agents, information providers, service providers, vendors, contractors, affiliates, partners, and licensors (collectively, the âDrophook, LLC Partiesâ) harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any of the Drophook, LLC Parties in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of: your use of the Application; any use or alleged use of your account or your passwords by any person, whether or not authorized by you; your connection to Drophook LLCâs or its vendorsâ servers; your violation of this Agreement; or your violation of the rights of any other person or entity. Drophook, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Drophook, LLC and you will cooperate with Drophook, LLCâs defense of these claims.
This Agreement is effective until terminated. You may terminate the Agreement at any time by: (i) irretrievably erasing, deleting, or destroying all copies of the Application in your possession or control; and (ii) ceasing to use the Content. Drophook, LLC may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, the license granted in Section 6 will immediately terminate. The provisions in Sections 1-5, 7-14, 18, and 19 will survive any termination of this Agreement.
16. Export Controls.
You will not ship, transfer, or export the Application or Content into any country or use the Application in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively, âExport Lawsâ). In addition, if the Application or Content is identified as export-controlled under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within an embargoed nation or a nation that has been designated by the U.S. government as a âterrorist supportingâ country and that you are not otherwise prohibited under the Export Laws from receiving the Application or Content.
17. International Use
Although the Application may be accessible worldwide, we make no representation that materials on the Application are appropriate or available for use in locations outside the United States, and accessing the site from territories where the contents of the site are considered to be illegal is prohibited. Those who choose to access the Application from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Application is void where prohibited.
18. Governing Law, Venue, and Jurisdiction.
This Agreement and all claims arising from or related to your use of the Application will be governed by and construed in accordance with the laws of the State of Florida, except Floridaâs conflict of law rules. This Agreement and the Application will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.
With respect to any disputes or claims, you agree to exclusive jurisdiction in the state and federal courts in Broward County, Florida. Notwithstanding any other provision of this Agreement, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Application or this Agreement within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes any prior oral or written agreements, provided, however, that this Agreement will coexist with any Additional Terms. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the Application or delivering them to you via email, if you have provided it to us. If you do not provide us with accurate information or we do not have access to your email address, we will not be responsible for failure to notify you. If any part of this Agreement is determined to be invalid or unenforceable under applicable law, that provision will be removed and the remainder of the Agreement will continue to be valid and enforceable, except as expressly stated. Our failure to exercise or enforce any right or provision in this Agreement will not constitute a waiver of such right or provision. Except as otherwise required by law, the controlling language of this Agreement is English. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
20. Contact Information.
If you have any questions, claims, or complaints, please contact us at 435-666-6718.
You hereby acknowledge that you have read and understood this Agreement and agree that by clicking âAcceptâ or by installing, copying, or using the Application you are acknowledging your agreement to be bound by this Agreement.
Â© 2015 All Rights Reserved