THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER APPLICABLE TO USERS WHO ARE RESIDENTS OF THE UNITED STATES (INCLUDING ITS POSSESSIONS AND TERRITORIES), CANADA AND MEXICO.
In this Agreement, “we”, “us”, “our” and ‘smyline means ‘smyline, LLC who provides the Service to you and with whom you are entering into this Agreement. “You” or “your” means you as a User of the Service. “User Group” means the collective group of Users included in a FriendLine event. “‘smyline app” means the application owned and controlled by ‘smyline. “FriendLine” means the application owned and controlled by ‘smyline.
"Content" means text, images, graphics, design, audio, recommendations, location data, and all other forms of data or communication. "Your Content" means content that you submit or transmit to, through or in connection with the Service, including if applicable, invitations, messages, favorites and information that you publicly display or display in your account profile. "User Content" means Content that users submit or transmit to, through or in connection with the Service. "‘smyline Content" means content that we create, control or license. "Service Content" means all of the content that is made available in connection with the Service, including Your Content, User Content and ‘smyline Content.
Changes in Terms
We may modify this Agreement (“Updated Agreement”) from time to time. You understand and agree that your access or use of the Service is governed by the Agreement effective at the time of your access or use of the Service. Therefore you should visit www.smylineapp.com on a regular basis to review the then current Agreement. You may have to click “accept” or “agree” to show your acceptance of an Updated Agreement. You agree that your use of the Service after the effective date of the Updated Agreement constitutes your affirmative acceptance of the Updated Agreement. If you do not agree to, or cannot comply with the Updated Agreement, you must stop using the Service. Except as otherwise expressly stated by ‘smyline, any use of the Service (e.g., use of ‘smyline or FriendLine apps, as defined herein) is subject to the version of this Agreement in effect at the time of use.
We may translate this Agreement in other languages for your convenience. Nevertheless, the English version governs your relationship with ‘smyline and any inconsistencies among different versions will be resolved in favor of the English version.
The Service is provided mainly through the ‘smyline and FriendLine applications.
‘smyline app searches and recommends places (e.g., restaurants, grocery stores, etc.) located along the route to your final destination. In response to a User query, ‘smyline app uses the User’s search criteria (e.g., starting location, mode of travel, destination, and how far from the starting location) to recommend the best destinations along the User’s travel route.
FriendLine searches and recommends places for you and your friends to meet based on parameters that are predefined by User Group attributes so that you and your friends (the ‘User Group’) can meet at a place convenient to all. When a User makes a FriendLine query and receives his/ her friend(s) location(s), FriendLine takes the User Group attributes (e.g., each friend’s location, mode of travel) and other criteria to search and recommend the best places. Once the User selects a place, FriendLine sends friend(s) a confirmation notification that includes the place and travel details for each friend. The User may have the ability to send related updates, reminders or cancellations to his/ her friend(s). By Using FriendLine, you agree to receive place confirmations, modifications, updates, reminders and cancellations.
While ‘smyline app and ‘FriendLine recommend the best places, the apps do not guarantee that the selected place can accommodate you or your friends at the selected time. By using ‘smyline and FriendLine apps, you acknowledge that you are solely responsible to determine if a selected meeting place can accommodate you or your friends.
‘smyline and FriendLine search results, recommendations, distance and travel times are determined at the time of User query and based on place, map and other data licensed to ‘smyline by third parties for the benefit of our Users. This Agreement includes end-user terms required by these companies (set forth at the end of this Agreement), and thus your use of the Service is limited by and subject to such terms.
Ability to Use the Service
To access or use the Service, you must be the minimum age of 18 years old and have the requisite power and authority to enter into this Agreement. You represent that (1) you are at least 18 years old, (2) you have read, understood, and agree to be bound by this Agreement. If you are not at least 18 years old, or you do not agree to all the terms and conditions of this Agreement, then you may not use the Service.
If law requires that you be older in order for ‘smyline to lawfully provide the Service to you without parental consent (including using of your personal data) then the minimum Age is such older age.
User safe and Lawful Use
The Service has very limited access to information regarding routes, areas, destinations, modes of travel, weather, safety concerns and local conditions. Accordingly, Users should only use the Service as one of many points of reference in making travel decisions and must never solely rely on the Service in making well-informed and safe decisions about their travel. In the event that the Service provides recommendations that might expose the User to unsafe conditions when such recommendations are combined with other relevant information available to the User outside of the Service, the User must disregard such recommendations made by the Service.
Information provided by the Service is not intended to replace the information provided on a route, such as travel direction, time based restrictions, driving or public transportation restrictions, road blockades, traffic signs, traffic lights, law enforcement instructions, etc. Always travel vigilantly according to route conditions and in accordance with traffic laws and/ or public transportation requirements.
Use your own judgment while in transit. If you feel that a route suggested by the Service instructs you to perform an unsafe or illegal maneuver, places you in an unsafe situation, or directs you into an area that you consider unsafe, do not follow such instructions.
When traveling by Driving, do not input information, or otherwise interact with the Service, unless your vehicle is stationary and parked. Additionally, arrange all wireless devices and cables necessary for use of the Service in a secure manner in your vehicle so that they will not interfere with your driving and will not prevent the operation of any safety device (such as an airbag).
Do not use the Service for any illegal, unauthorized, unintended, unsafe, hazardous, or unlawful purposes, or in any manner inconsistent with this Agreement.
Your account is for your personal, non-commercial use only. It is important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information, as needed, to keep it accurate and complete. You agree that you will not solicit, collect or use the login credentials of other users of the Service. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
You are responsible for maintaining the confidentiality and security of your account. You agree that you will not allow others to use or access your account. You agree to notify us immediately of any unauthorized use of your password and/or account. ‘smyline will not be responsible for any losses arising out of the unauthorized use of your personal information or account. We reserve the right to close your account at any time for any or no reason.
You are solely responsible for your interaction with other Users of the Service, whether online or offline. You agree that ‘smyline is not responsible or liable for the conduct of any User. ‘smyline reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users. Exercise your best judgment when interacting with others.
If you elect to have an advertiser contact you through advertisements displayed on the Service, your ‘smyline communication preferences will not affect your receipt of those advertiser-provided communications.
There are many factors that influence our ability to provide the Service, such as licensing restrictions and content costs. ‘smyline reserves the right at its discretion to select and display content based on a number of different factors, including but not limited to licensing and contract restrictions and requirements and content cost and availability. We strive to provide you with the best possible experience, and to keep your preferences in mind when we select content to display. However, in order to provide the Service, ‘smyline must reserve the right to alter, change, modify, or terminate any service, content or application functionality at any time, with or without notice to you.
Location Information & Behavior
In order to provide certain features of the Service, we must record your location information, including your point of origin, the address of your destination or desired driving, bicycling, walking or public transportation route, the starting time of your travel, when along the route you want something and must periodically receive your GPS location from the GPS hardware associated with your wireless device.
Subject to this Agreement and your payment of any required fees, ‘smyline hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sub-licensable license to access the Service, and otherwise view and use the Service to the extent permitted by its intended functionality, for your own individual personal, non-commercial purposes and not for the sublicense to or use by third parties. You may only access and/or use the Service through the intended methods that ‘smyline makes available to you.
The Service and ‘smyline Content is offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. ‘smyline expressly reserves all its rights and remedies under applicable laws (including state, federal, and provincial/territorial laws). ‘smyline reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel invitations, or deny access to the Service. You agree not to: (a) modify, intercept, or create any derivative works of the Service, including any translations or localizations thereof; (b) access or use the Service through an application or means not authorized by ‘smyline; (c) copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Service; (d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, simultaneous use of, or otherwise exploit the Service to or for the benefit of any third party; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Service; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Service; (g) provide your login credentials used to access the Service to any third party; (h) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Service; (i) transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, web bug, spyware, or any other computer code, file, or program of a destructive nature; (j) circumvent any technological measures employed by or on behalf of ‘smyline to protect the Service; (k) use any other technologies or initiate any other activities that may harm the Service, or the interests or property of ‘smyline or users of the Service; (m) aid or encourage any third party to engage in any activity that would constitute a breach of this Agreement.
As between you and ‘smyline, you own Your Content. We own ‘smyline Content, including but not limited to interactive features, graphics, design, visual interfaces, expression, “look and feel”, arrangement and compilation, including, but not limited to our compilation of User Content, Third Party Content, Service Content, computer code, products, software, recommendations, and all other elements and components of the Service (excluding Your Content). ‘smyline, ‘smyline and FriendLine logos, and all other trade names, graphics and logos, identifying ‘smyline products and services are the registered or unregistered trademarks of ‘smyline. The Service also may contain third party trademarks, service marks, graphics and logos. You acknowledge that ‘smyline retains all rights, titles, and interest in and to all copyrights, trademarks, trade secrets, patents, and any other proprietary rights associated with the Service, software and application programming interface comprising the Service, and all Service Content therein.
The Service is protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the ‘smyline Content in whole or in part except as expressly authorized by us. Except as expressly provided herein, ‘smyline does not grant any express or implied right to you under any ‘smyline-owned, controlled, or licensed copyrights, trademarks, trade secrets, patents, or other proprietary rights.
By sending ideas, feedback and/or proposals to ‘smyline regarding the Service ("Feedback"), you expressly acknowledge and agree that: (a) your Feedback does not contain the confidential or proprietary information of third parties (b) ‘smyline is not under any obligation to you, including any obligation of payment of compensation or confidentiality, with respect to the Feedback, (c) we may have something similar to the Feedback already under consideration or in development and (d) you grant us a worldwide, non-exclusive, royalty-free, fully paid, irrevocable, sub-licensable, and perpetual right and license to make, use, copy, sell, distribute, otherwise exploit, and create derivative works of the Feedback. Further, you irrevocably release ‘smyline from any and all liability and claims that may result from or are related to the rights to the Feedback.
‘smyline does not claim ownership of any of Your Content. Instead, if you elect to provide written, visual or other content to ‘smyline in connection with your use of the Service, you hereby grant ‘smyline, smyline affiliates, and ‘smyline users a perpetual, non-exclusive, transferrable, sub-licensable, irrevocable, fully paid, royalty-free, worldwide right and license (but not the obligation) to reproduce, publish, translate, use, modify, distribute, publicly display, create derivative works of, transmit, and otherwise exploit, in whole or in part, Your Content, in any manner or medium now known or hereafter devised. This exploitation may include, without limitation and at ‘smyline’s absolute discretion, use of Your Content to endorse ‘smyline or third-party products and services. Additionally, you further grant ‘smyline a perpetual, non-exclusive, transferrable, sub-licensable, irrevocable, fully paid, royalty-free, worldwide right and license to exploit your name, likeness, personality and any other materials or information you provide to ‘smyline in connection with Your Content.
You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against ‘smyline or its Users for its use or exploitation of Your Content as licensed herein, as well as any claims under "moral rights" or similar theories. You agree that ‘smyline enabling you to provide us with Your Content is adequate and sufficient consideration for our use of Your Content, you will not receive any additional consideration or compensation for ‘smyline‘s exploitation of Your Content, and ‘smyline has no obligation to use any of you Your Content.
You represent and warrant that (a) you own Your Content or otherwise have the right to grant the rights and licenses set forth in this Agreement; (b) You assume all risks associated with Your Content (c) the use of Your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (d) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you display on or through the Service; and (e) you have the legal right and capacity to enter into this Agreement in your jurisdiction.
When using the Service, we may permit you to store Your Content (e.g. profile picture), or other data, preferences, and information for your convenience, but we are under no obligation to retain or provide you with copies of Your content, data, preferences, or other information stored by you, nor do we guarantee any confidentiality with respect to Your content, data, preferences, or other information.
Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that ‘smyline may place such advertising and promotions on the Service or on, about, or in conjunction with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
The Service may display advertisements or links to third party websites, products, and/or services ("Third Party ads"). We are not responsible for the availability of these Third Party ads, or the images, messages, or other materials contained therein. Your business dealings or correspondence with, or participation in promotions of third party ads, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party and at your own risks.
Some of the features made available through the Service may be subject to additional third party or open source licensing terms and disclosures, available at the end of this Agreement.
‘smyline is not obligated to provide technical support under the terms of this Agreement, and provides no assurance that any specific errors or discrepancies in the Service will be corrected. ‘smyline may alter the availability of any feature of the Service, or impose new limitations on your use of the Service, at any time with or without notice, liability, or obligation with respect to such feature or limitation. In certain circumstances, such as in the case of a security problem, we may require you to install an update in order to continue using the Service. In order to provide the best quality Service to all of our users, we monitor the Service to detect and prevent abuse. We may, in our sole discretion, terminate your account and your access to the Service should we determine it is associated with abusive activities. Further, we reserve the right to pursue legal action in connection with abusive activities.
Payment, Fees, Other Charges
If you elect to access any paid component of the Service, you agree to pay all fees and charges associated with that paid component on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes, as applicable) will be charged to the payment method you provided when you elected to access that paid component of the Service. You agree to maintain a valid payment method during the term of your use of such Service.
Use of the Service may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, roaming, or other related fees or charges you incur from your carrier or service provider in connection with, or related to your use of the Service. ‘smyline assumes no liability or responsibility for the payment of any charges you may incur.
Modifications to the Service
‘smyline may partially or in its entirety and without notice to you – modify, adapt or change the Service, its features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You hereby waive any claim, complaint or demand against ‘smyline for applying such changes or for failures incidental to such changes.
The information provided within the Service is not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation or which would subject ‘smyline to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that ‘smyline provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country subject to a United States government embargo or designated by the U.S. government as a “terrorist supporting” country or is otherwise subject to sanctions; (b) to any person on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You agree to indemnify, defend, and hold harmless ‘smyline, its affiliates, suppliers, licensors and partners, and the officers, directors, owners, employees, agents and representatives of each of them (the “smyline parties”), from and against all third party claims, assessments, damages, expenses, losses, liabilities, and legal fees that may arise as a result of (a) Your Content or your access to or use of the Service, (b) your breach or alleged breach of this Agreement, (c) any products or services purchased or obtained by you in connection with the Service, or (d) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; (e) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or (f) any action you take or do not take which directly or indirectly causes ‘smyline (including its affiliates, owners, employees) to violate any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities. ‘smyline reserves 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 with our defense of these claims. You agree not to settle any such matter without the prior written consent of ‘smyline. ‘smyline will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers and Limitations of Liability
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF CERTAIN LIABILITIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITH THE EXPRESS UNDERSTANDING THAT THE ‘SMYLINE PARTIES MAKE NO CLAIMS OR PROMISES AS TO: (A) THE SERVICE; (B) THE SERVICE CONTENT; (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO ‘SMYLINE OR VIA THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ‘SMYLINE PARTIES DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE ‘SMYLINE PARTIES MAKE NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CONTAIN CONTENT YOU DEEM OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND THE ‘SMYLINE PARTIES DISCLAIM ANY LIABILITY RELATING THERETO. THE ‘SMYLINE PARTIES MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE.
ADDITIONALLY AND WITHOUT DEROGATING FROM THE FOREGOING CLAUSE, THE ‘SMYLINE PARTIES DISCLAIM ANY WARRANTIES RELATING TO THE ACCURACY OF MAPS, ROUTE INFORMATION, PLACE RECOMMENDATIONS, TRAVEL INFORMATION, OR OTHER CONTENT PRESENTED OR DISPLAYED IN OR BY THE SERVICE.
YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICE AND YOU FURTHER ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
THE ‘SMYLINE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE ‘SMYLINE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE ‘SMYLINE PARTIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE ‘SMYLINE PARTIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $25. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. THE ‘SMYLINE PARTIES DISCLAIM LIABILITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED.
Term and Termination
Subject to the terms of this section, this Agreement will remain in effect for as long as you use the Service. You may cancel your account at any time and for any reason via the Service account settings. An email or phone request to cancel your account is not considered cancellation. All of your Content will be immediately deleted from the Service upon cancellation. Upon any termination of your Agreement, ‘smyline shall have no liability to you or any further obligations under this Agreement.
We may terminate this Agreement and your access to the Service at any time and for any reason and without notice or liability of any kind. Upon any termination of this Agreement, the rights and licenses granted to you hereunder, including your ability to access and use the Service, will immediately terminate, and you shall immediately cease using any and all materials and other similar content in your possession or control that are proprietary to ‘smyline. You agree that we will have no liability to you for any costs, losses, damages, or liabilities arising out of or related to the termination of this Agreement.
In the event of any termination of this Agreement, whether by you or by us, Sections 1, 13- 18, 24- 28 will continue in full force and effect, including our right to use Your Content as detailed in Section 16.
You may not assign or transfer your rights in and to the Service, without the prior written consent of ‘smyline. Any purported assignment or delegation by you without the appropriate prior written consent of ‘smyline will be null and void. ‘smyline may assign its rights in and to the Service to a third party without restriction.
Third Party Beneficiaries
Except as otherwise stated in Section 18 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
Governing and Law disputes
Governing Law. This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of New York, excluding its choice-of-law principles.
Applicability. Section 27 will apply to all disputes that may arise out of, are connected with, or relate to this Agreement or the Service, subject only to the following exceptions: (1) if ‘smyline reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction; or (2) any dispute may, at the option of the claiming party, be resolved in small claims court in New York County, New York, provided that all claims by all parties in the dispute (i) fall within the jurisdiction of the small claims court, and (ii) were unsuccessfully resolved through the Informal Resolution procedure required in section 27(c) below. Furthermore, in no event will the terms of this section limit ‘smyline’s ability to investigate complaints or reported violations of this Agreement, or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties such as maps rightsholders.
Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement or the Service, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us ninety (90) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction. If ‘smyline does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below. You may send your disputes inquiries to firstname.lastname@example.org
Arbitration Agreement. Subject to the foregoing section 27 (c), you agree that all disputes between you and ‘smyline (whether or not such dispute involves a third party) with regard to your relationship with ‘smyline, including without limitation disputes related to this Agreement, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes. This Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. Â§ 1 et seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including any claim that all or any part of this Agreement is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (3) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with this Agreement.
The arbitration proceeding and the results thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party; provided, however that either party may disclose the existence and results of the proceeding: (1) as required by law, rule, or regulation; (2) to its accountants, attorneys, and other fiduciaries; and (3) to an arbitrator or third party who has exercised its rights under this section 27 for use as persuasive authority in other proceedings brought pursuant to this section 27.
You may opt out of this agreement to arbitrate. If you do so, neither you nor ‘smyline can require the other to participate in an arbitration proceeding. To opt out, you must notify ‘smyline in writing within 30 days of the date that you first became subject to this arbitration provision by contacting us at email@example.com. You must include your name, the email address you use for your ‘smyline account, and a clear statement that you want to opt out of this arbitration agreement.
Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Service, must be filed within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or forever be barred.
We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
Any failure on ‘smyline's part to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
In the event any provisions of this Agreement are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of this Agreement.
This Agreement constitutes the complete and exclusive entire agreement between you and us regarding the use of the Service, and supersedes any prior Agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in this Agreement.
Third Party Terms
If you use an Apple mobile device (including but not limited to iPhone and iTouch) with the Service, you agree to the following terms and conditions to the extent they apply to your use of the Apple mobile device:
Scope of License: The license granted to you for the Licensed Application is a limited non-transferable license to use the Licensed Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Support: Third parties are not responsible for any maintenance, support, intellectual property or warranty claims for the Licensed Application. You acknowledge that iTunes has no obligation whatsoever to furnish any maintenance and support services with respect to any third-party licensed Product.
U.S Government Embargo: You represent and warrant that 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.
Third Party Beneficiaries: You acknowledge and agree that iTunes, Apple, and Apple's subsidiaries, are third party beneficiaries of the Licensed Application End User License Agreement or any other end-user license agreement for any licensed Product, and that, upon Your acceptance of the terms and conditions of such license, iTunes will have the right (and will be deemed to have accepted the right) to enforce such license against You as a third party beneficiary thereof.