The Application is owned by MyAdjustiMate, LLC (“MyAdjustiMate”).
You agree to the following conditions of use of the Application:
Improper Use of the Application: You shall not use the Application in any manner prohibited by any federal, state, or local laws, rules, and/or regulations. Without limiting the foregoing, you shall not use the Application for any abusive, fraudulent, or deceitful purpose, or that in any way damages MyAdjustiMate’s intellectual property.
Utilization of Network Resources: The abuse, misuse, disruption, degradation, and/or other compromise of the Application’s network resources by any User may have a negative impact on all other Users. Accordingly, you are prohibited from using the Application in any manner that adversely affects the Application’s network performance.
Content Harmful or Offensive to Third-Parties: You shall not upload, download, post, share, disseminate, distribute, publish, transmit, transfer, or otherwise disclose (“Disclose”) content that is or is likely to be unlawful, libelous, defamatory, obscene, indecent, threatening, harmful (including malware and viruses), obscene, invasive of privacy or publicity rights, abusive, inflammatory, hateful, and/or otherwise harmful or offensive to third parties.
Infringing Content: You shall not Disclose any content that may infringe any intellectual or proprietary right(s) of any party.
Impersonation: You shall not impersonate any person or entity or otherwise misrepresent their affiliation with a person or entity or interfere with other Users. You shall not participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as “spidering” or “harvesting,” or participate in the use of software (including “spyware”) designed to facilitate this activity. You agree that you will not use any robot, spider, scraper or other automated means to access this Application for any purpose without our express written permission.
Use of Your Account by Others: You shall not permit the use of your Application account (your “Account”) by third parties.
Protection of Account and Application: You shall be responsible for any use or misuse of the Service or violation of these Terms by your Account. Therefore, you must take steps to ensure that others do not use your Account to gain unauthorized access to the Application by, for example, strictly maintaining the confidentiality of all Application logins and passwords. In all cases, you are solely responsible for the security of any device it chooses to connect to the Application, including any data stored or shared on that device.
Use by Minors: We do not knowingly collect, use or disclose personally identifiable information about visitors that are under the age of 18. By becoming a User, you represent and warrant that you are at least 18 years old or that you have the right, authority and capacity to enter into and abide by the Terms. You hereby waive any right, claim, or defense that this Agreement is not binding on you due to reasons of age or any other reason that challenges the binding nature of this Agreement on you.
Consent: By use of this Application, you are granting consent to MyAdjustiMate and its employees, affiliates, contractors, and agents to the use and possible storage of Content (defined below) for purposes of providing the Application’s services.
MyAdjustiMate makes the Application available to you subject to these Terms and all applicable federal, state, city, municipal, or local laws and regulations. By accessing, browsing or otherwise using the Application, you acknowledge that you have read, understood and agree to be legally bound by these Terms and to comply with all applicable laws and regulations. These Terms shall take effect immediately on your first time accessing the Application. If you do not agree to these Terms, you are not authorized to access, browse or otherwise use the Application.
You warrant to MyAdjustiMate that you will not attempt to bypass or gain unauthorized access to any portals offered by MyAdjustiMate, its computer systems, or its networks connected to any MyAdjustiMate server through any means, including, but not limited to hacking and password mining. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by MyAdjustiMate. While Users are permitted to maintain multiple active accounts, MyAdjustiMate reserves the right to limit the number of active accounts you may maintain, and you agree to comply with such limitations.
You agree to not interfere in any way with others’ use of or access to the Application. MyAdjustiMate reserves its right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties.
As a user of the Application, you have a non-exclusive, non-transferable, limited, revocable license to use the Application. You may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of this Application without the prior written consent of MyAdjustiMate, which may be withheld, conditioned or delayed in its sole discretion. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark or any other proprietary notice or legend appearing on any of the content. You must not attempt to reverse engineer or attempt to interfere with the operation of any part of this Application unless expressly permitted by applicable law, MyAdjustiMate, its affiliates, and our licensors retain all of their right, title and interest in and to all patent rights, inventions, copyrights, trademarks, know-how and trade secrets relating to the Application. MyAdjustiMate’s logos and name are trademarks of MyAdjustiMate and may be registered in certain jurisdictions. All other company names, marks, logos and symbols on this Application may be the trademarks of their respective owners. Except as expressly stated in this Agreement, nothing in this Agreement confers any license under any of MyAdjustiMate’s or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.
You shall not at any time, directly or indirectly, Disclose or use for your own benefit or gain any of MyAdjustiMate’s Confidential Information, as defined below, without MyAdjustiMate’s express written consent. You also agree that you will undertake all necessary and appropriate steps to ensure that the Confidential Information will be maintained confidential. Upon termination of this Agreement, you agree that all Confidential Information and any other documents, records, notebooks, and similar repositories containing any information or other property of MyAdjustiMate shall be destroyed immediately. “Confidential Information” includes, but is not limited to: (a) User-specific information that is generally only accessible by Users; (b) information that is clearly marked or otherwise designated as confidential when disclosed; and (c) other information normally understood to be confidential and not fully disseminated in the public domain.
When you post Content (defined below) on this Application, you represent and warrant that you have the right, power and authority to post that Content and grant the license specified below. You are responsible for all Content you post, including but not limited to registration data, profiles, photos, videos, comments, text, documents and other information (collectively, “Content”) that you upload, enter or post to the Application. You are solely responsible for the accuracy of your Content. You agree that you will not upload Content that is inaccurate or that infringes or violates any rights of any party or that compromises the privacy of any person, including, but not limited to any User. You retain all of your ownership rights in your Content. However, by submitting Content to MyAdjustiMate, you hereby grant MyAdjustiMate an irrevocable, worldwide, royalty-free, perpetual, transferrable and fully sub-licensable right and license to use the Content and to maintain such Content in its records or database.
MyAdjustiMate reserves the right to remove or modify Content for any reason, including, but not limited to Content that we believe violates these Terms.
You may submit comments or ideas about the Application, including without limitation about how to improve the Application. By submitting ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place MyAdjustiMate under any fiduciary duty or other obligations, that your ideas do not contain the confidential or proprietary information of third parties, and that such comments and ideas shall be our sole property that we are free to use without any compensation to you and to disclose the ideas on a non-confidential basis or otherwise to anyone.
These Terms and any registration for or subsequent use of the Application will not be construed as creating any responsibility on MyAdjustiMate to store, backup, retain or grant access to any information or data for any period.
We have implemented commercially reasonable technical and organizational measures designed to secure Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use the Content for improper purposes. You acknowledge that you provide Content at your own risk.
MyAdjustiMate in no way guarantees that the Application or Content is compatible with, viewable by, transferable to, downloadable by, or otherwise usable by any other application, program, software, hardware, device, computer, or similar electronic instrument (“Instrument”). MyAdjustiMate is not liable for any damages, injuries, losses, or any other liability claimed or incurred by User due to or arising from, directly or indirectly, any incompatibility issues between the Application or Content and an Instrument, including, but not limited to, loss of data, software or hardware disruption or damage, or damages of any kind whatsoever. User shall indemnify and hold harmless the MyAdjustiMate for any damages, injuries, losses, or any other liability claimed or incurred by a third-party due to or arising from, directly or indirectly, any incompatibility issues between User’s Account, User’s use of the Application, or Content and an Instrument, including, but not limited to, loss of data, software or hardware disruption or damage, or damages of any kind whatsoever.
MyAdjustiMate is not liable, and you agree not to hold it responsible, for any damages or losses arising out of or in connection with these Terms, including but not limited to: (i) your use of or your inability to use the Application; (ii) delays or disruptions in the Application; (iii) viruses or other malicious software obtained by accessing or linking to the Application; (iv) glitches, bugs, errors or inaccuracies of any kind in the Application; (v) the content, actions or inactions of third parties’ use of the Application; (vi) a suspension or other action taken with respect to your Account; and (vii) your need to modify practices, content, or behavior as a result of changes to the Terms.
YOU USE THE APPLICATION AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE APPLICATION ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE, OR NON-INFRINGEMENT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
YOUR SOLE REMEDIES HEREUNDER ARE AS EXPRESSLY SET FORTH IN THIS SECTION. IN NO EVENT WILL MYADJUSTIMATE OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS OR LICENSORS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS APPLICATION OR ANY HYPERLINKED SITES OR APPLICATIONS, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY APPLICATION OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF MYADJUSTIMATE OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS OR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST MYADJUSTIMATE IS TO DISCONTINUE USE OF THIS APPLICATION AND ANY HYPERLINKED APPLICATIONS.
If, notwithstanding the limitations of liability, MyAdjustiMate, our affiliates, our licensors or our suppliers are found liable for any loss or damage which arises out of or in any way connected with this Agreement or services or operation of this Application, then liability will in no event exceed the lesser of: (1) $1,000 or (2) any charges retained by MyAdjustiMate with respect to the affected User during the three-month period preceding the date of the origination of the User’s claim.
The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of MyAdjustiMate, its affiliates and their respective suppliers and licensors.
Certain state laws do not allow exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have other rights, which vary from state to state.
In addition to the recognition that MyAdjustiMate is not a party to any contract between Users, you hereby release MyAdjustiMate, our affiliates and our respective officers, directors, managers, members, employees, agents, subsidiaries, joint ventures, and our and their respective successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A 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.”
You shall indemnify, defend, and hold harmless MyAdjustiMate from and against any and all claims, losses, costs, expenses (including attorneys’ fees), injuries, demands, damages, actions, suits, and/or proceedings whether civil, criminal, administrative, or investigative (collectively, “Claims”) related to or arising out of: (i) your negligence or willful act or omission; (ii) your misuse of the Application; (iii) your breach of any term, condition, representation, warranty, duty, and/or obligations set forth in the Terms; (iv) any libel or slander by your; and/or (v) infringement of a U.S. patent or U.S. copyright, or unauthorized use of trademark, trade name, or service mark arising out of communications via the Application. You agree to notify MyAdjustiMate promptly, in writing, of any Claims, threatened or actual, and to cooperate in every reasonable way to facilitate the defense or settlement of such Claims.
This Agreement will become effective upon your first time accessing the Application and will remain in effect until you deactivate your account and discontinue your use of the Application. Unless both you and MyAdjustiMate agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice, except as otherwise provided below.
In the event you or MyAdjustiMate properly terminates this Agreement, your right to use the Application is automatically revoked and MyAdjustiMate will close your Account. Without limiting any other provisions of this Agreement, the termination of this Agreement for any reason will not release you from any obligations to MyAdjustiMate incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
Without limiting MyAdjustiMate’s other remedies, it may temporarily or indefinitely suspend or permanently revoke your access to the Application if: (a) you breach the letter or spirit of any Terms; (b) MyAdjustiMate suspects or becomes aware that you have provided false or misleading information to MyAdjustiMate or any User; (c) MyAdjustiMate believes, in its sole discretion, that your actions may cause legal liability for you, any Users, or MyAdjustiMate or its affiliates; may be contrary to the interests of the Application or the MyAdjustiMate community; or may involve illicit activity; or (d) MyAdjustiMate otherwise reasonably determines that doing so is in the best interests of MyAdjustiMate and/or its Users.
Once your Account is suspended or closed, you are prohibited from continuing to use the Application under the same Account or a different Account or reregister under a new Account without MyAdjustiMate’s prior written consent.
Without limiting MyAdjustiMate’s other remedies, if you engage in actions or activities that circumvent the Application, you must pay MyAdjustiMate for all amounts owed to MyAdjustiMate and our affiliates and reimburse MyAdjustiMate for all losses and costs (including any and all time incurred by employees and contractors of MyAdjustiMate or its affiliates) and reasonable expenses (including attorneys’ fees) related to investigating such actions. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. Except as otherwise required by applicable law, MyAdjustiMate will notify you if it suspends or closes your Account, unless it believes, in its sole judgment, that giving notice may cause damage.
The domestic of the State of Illinois shall govern the construction, interpretation, and performance of this Agreement, without regard to its conflict of law principles. Any litigation or dispute related to this Agreement will be brought in state or federal courts located in Chicago, Illinois, and Users hereby irrevocably consent to personal jurisdiction of such courts for such purpose. No party will make a motion to dismiss or transfer any case filed in accordance with this subsection on the basis of improper venue, personal jurisdiction, or for the convenience of any party or witness.
In the event that MyAdjustiMate is deemed the prevailing party in any litigation, MyAdjustiMate shall be entitled to recover from you all costs and expenses incurred by MyAdjustiMate in relation to such legal action, including actual attorneys’ fees.
If any part of this Policy is held invalid or unenforceable, that portion of this Policy shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of MyAdjustiMate, and the remaining portions shall remain in full force and effect. The failure of MyAdjustiMate or its suppliers to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time.
PLEASE PRINT THESE TERMS AND RETAIN A COPY FOR YOUR RECORDS.
Communications from MyAdjustiMate to You: By visiting the Application, you are deemed to have executed this Agreement electronically, effective on the date you visit the Application, pursuant to the federal Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. §§ 7001 et seq.). Visiting the Application constitutes your acknowledgement that you are able to electronically receive, download, and print this Agreement. Unless you otherwise indicate in writing to MyAdjustiMate, MyAdjustiMate and its affiliates are permitted to communicate with you by text message, email and/or by posting communications on the Application. You will be considered to have received a communication when MyAdjustiMate sends it to the mobile number or email address you have provided to MyAdjustiMate on the Application or when MyAdjustiMate posts such communication on the Application. You must keep your phone number and email address updated on the Application, and you must regularly check the Application for postings. Without limiting MyAdjustiMate’s other rights under this Agreement, if you fail to respond to a text message or email message from MyAdjustiMate regarding a violation, dispute, or complaint within two business days, MyAdjustiMate has the right to suspend or close, in our sole discretion, your Account.
Communications from You to MyAdjustiMate: All notices to MyAdjustiMate required hereunder must be in writing and delivered either (i) in person; (ii) by a means evidenced by a delivery receipt, to the following address: MyAdjustiMate, LLC [Address], Attn: Wojciech Duszkiewicz; or (iii) in writing via email to [Email Address]. All such notices are deemed effective upon documented receipt by MyAdjustiMate. MyAdjustiMate does not accept service of any legal process by email or mail; all such service should occur by hand delivery to MyAdjustiMate or its registered agent for service of process.
Certain portions of this Application are intended to be used only by authorized Users. Unauthorized Users are prohibited from accessing, or attempting to access such portions of the Application. If you are using the Application for an unauthorized purpose, or if you are using someone else’s account, you are deemed an unauthorized user and you should not use this Application. If you nonetheless continue to use the Application as an unauthorized user, then by using this Application you undertake and agree that: (1) you will be personally liable for any and all expenses, costs or damages incurred by us in investigating or addressing your unauthorized use of this Application (such obligations shall be in addition to whatever other rights and remedies may be available to use for unauthorized use); and (2) you will be personally bound by these Terms, waiving any actual notice or knowledge of such terms and commitments, all without any duties or obligations to you on the part of MyAdjustiMate.
In the event a User becomes aware of any unauthorized use or violation(s) of these terms by any User, such User is required to promptly report the violation(s) to MyAdjustiMate via email at [Email Address]. If available, User shall be prepared to provide the following information to MyAdjustiMate concerning the alleged violation: (a) User name or associated with the violation; (b) the date and time of the violation; and (c) a description and circumstances of the violation.
Force Majeure: MyAdjustiMate shall not be liable to any User for any delay, failure in performance, loss, or damage to the extent caused by force majeure conditions such as acts of God, fire, explosion, power blackout, cable cut, act of terrorism, epidemic, acts of regulatory or governmental agencies, unavailability of right-of-way, spectrum interference, electrical storms, heavy precipitation, excessive weather conditions, unavailability of services or materials upon which the Application relies, or other causes beyond the MyAdjustiMate’s reasonable control.
Assignment and Transfer: You are strictly prohibited from assigning any right, obligation or duty, in whole or in part, and/or of any other interest hereunder, without the prior written consent of MyAdjustiMate, of which consent can be withheld for any reason. MyAdjustiMate may assign its rights and obligations hereunder to any party or entity without any party’s consent. All obligations and duties of a User under this Agreement shall be binding on all successors in interest and assigns.
Entire Understanding: This Agreement constitutes the entire understanding between you and MyAdjustiMate related to the subject matter hereof, and supersedes all prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning the Application.
Survival: The rights and obligations of a User, that by their nature would continue beyond the expiration or termination of this Agreement, including without limitation representations and warranties, indemnifications, and limitations of liability, shall survive termination or expiration of this Agreement.
No Waiver: No failure by MyAdjustiMate to enforce any rights hereunder shall constitute a waiver of such right(s).
No Agency: No User is an agent, representative, or partner of MyAdjustiMate or is able to bind MyAdjustiMate. Users and MyAdjustiMate are independent contractors and this Agreement shall not be interpreted or construed to create an association, agency, joint venture, or partnership between such parties.
Article Headings and Pronouns: The article headings used herein are for reference only and shall not limit or control any term or provision of this Agreement or the interpretation or construction thereof. The singular form denotes the plural and the masculine form denotes the feminine or neuter wherever appropriate.