Legal

Privacy Policy

Introduction

Props Love, LLC (“Props”) is committed to protecting the privacy of the personal information of users of our Service, which includes our website at propslove.com and the Props Love App. The following sets forth our Privacy Policy (“Policy”) applicable to the services. This policy includes a description of (1) what data we collect from you or about you, (2) how we use your data, (3) how we share your data, (4) your control over your data, and (5) how we secure your data.

This Policy may be updated and revised from time to time. Users of the Props Love App will be notified as to updates to this privacy policy with a prompt notifying users a new privacy policy is available, through email, in application update messaging, or a combination of those methods. We will also make the updated privacy policy available on our website.

(1) Data We Collect

The following are categories of data that we collect from you or about you listed by the manner in which we collect them:

(a) Active Collection – Data you provide to us

We may collect data you provide to us when you sign up to open account to use the Service along with identifying information about your account such as its date of creation. This data includes information such as

Name
Email
Phone Number
Username
Profile Image(s) You Upload
Workplace(s) - Current and past
Address of Workplace(s) (Street, Suite Number, City, State, ZIP Code)
Job Title

We may also collect data you enter into the Service while you use it such as Props you send others, messages you send in Props or Props Requests, and Props you report as being against the terms of use and/or user agreement.

(b) Active Collection – Data about you provided by others

We may collect data about you from other users of the Service. We may collect Props others send you, messages others send in Props or Props Requests to you, and reports about Props you gave that another user reports as against the terms of use and/or user agreement. We may also collect information that an employer may provide us relating to your Workplace and job title.

(c) Passive Collection – From your use of the Service
We use Google Firebase Analytics and may collect data about you from your use of the Service such as:

Records of reward redemptions and transactions
Tokens to identify your device anonymously
Traffic and usage data such as length of session, time of day, type of device, and IP location
Your interactions with other users such as giving and receiving Prop
Ad conversions for app downloads from paid placements on Facebook and Google

(2) How We Use Your Data

We use the data you provide to administer the account and provide the Service. We use aspects of your profile such as name, Workplace, and job title to help others find your profile. This information can also be used to show your association with a current or former employer. Your contact information such as e-mail and phone number may be used to contact you regarding your use of the Service. Data provided about you by others is also used to provide the Service to enable other users to see information like the Props you have received.

Data collected passively such as tokens to identify your device and traffic and usage data, records of rewards, and your interactions with others is used to deliver and improve the service. We use Google and Facebook SDKs to improve advertisement of the Service.

Any of the data we collect may be used to monitor for fraud and to secure the Service. We may analyze the data to identify patterns of fraud or abuse, or when investigating a particular report or instance of suspected violation of the terms of use and/or User Agreement.

We may retain and use de-identified, anonymized, and/or aggregated data that does not contain personally identifiable information for any purpose, such as identifying problems with the Service or planning new features.

(3) How We Share Your Data

The following are categories of your data that we may share, listed by the third parties they may be shared with:

(a) Users of the Service – Aspects of your profile will be shown to other users of the Service to facilitate the operation of the Service. Aspects of your use of the Service, such as your history of giving Props will also be shown to other users.

(b) Service Providers – We may enlist third party service providers to assist us in providing the Service by providing assistance such as storage, maintenance, analysis, payment processing, fraud detection, marketing, etc. Any such service providers will have access to your data solely to the extent necessary to enable them to perform services on our behalf and they will be prohibited from using the personal information for any other purpose.

(c) Legal – We may make disclosures necessary to comply with the law or when we reasonably believe such a disclosure is necessary to protect the safety of our users or others from an imminent threat of harm.

(d) Change in Ownership – If our organization is purchased by, acquired by, or otherwise transferred to another controlling entity, that entity will have the same access and right to continue to use your data. We may share data in preparation or negotiations for such a transfer with appropriate non-disclosure measures in place.

(4) Your Access To And Control Over Your Data

You can access and correct the data you provided to sign up for an account through the Service at any time, including: phone number, email, first name, last name, username, password, name of workplace, job title, workplace address, workplace city, workplace state, and workplace ZIP code. Workplaces can be hidden on a user’s profile, but hidden workplaces will remain a historical part of the user’s account as long as the account remains active. Accounts can be deactivated by contacting the Service by email (props@propslove.com), and any Props given to other users will remain visible on those users’ profiles, though the deactivated profile and received Props will no longer function or be visible.

(5) How We Secure Your Data

The Service employs industry standard physical, technical and administrative information security safeguards designed to ensure the confidentiality, integrity and availability of your information. These safeguards protect against unauthorized access to information by hackers or other third parties who obtain access through illegal means, but we cannot guarantee that data may not be accessed or destroyed by a breach of these safeguards. We use two factor authentication for all users with phone numbers to confirm account information and when changing a password.

Additional Important Information

Do Not Track – The Service uses Google and Facebook SDKs for advertising purposes. Any user who has blocked Google and/or Facebook from tracking them will not be tracked in their use of the Service. To block ad tracking from the Service, disable ad tracking from Google and Facebook.

Use of Cookies – The Props Love website uses cookies for retargeting advertisements via Google or Facebook toward site visitors. The Props Love App does not use cookies.

No Collection from Age 13 and Under – As outlined in the User Agreement the Services are for use only be individuals aged 18 and up. We do not knowingly collect, use or disclose personal information from anyone under 13 years of age. If we become aware that we have unknowingly collected PII from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

Contact Information

If you have any questions about this Privacy Policy you may contact us: props@propslove.com

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Terms of Use

Props Love Website And Mobile Application Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE PROPS LOVE WEBSITE AT https://propslove.com/ OR THE PROPS LOVE MOBILE APPLICATION, OR ANY OTHER PROPS LOVE PLATFORM (COLLECTIVELY, THE “SERVICES”) YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE SERVICES.

These Terms of Use (“Terms of Use”) apply to an individual’s access to, and use of, the Services, which are operated by Props Love, LLC (“Props”, “Company,” “we", “us” or “our”) in the United States. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Props Love for other products and services.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. Your continued use of the Services following the disclosure of revised Terms of Use means that you accept and agree to the changes. You are expected to check these Terms of Use from time to time so that you are aware of any changes.

ACCESSING THE SITES AND ACCOUNT SECURITY

We reserve the right to withdraw or amend any aspect of the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some of the Services, or the Services entirely, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Services. You are responsible for securing your account and any authentication used to access the Services. You shall not allow any others to use your authentication to access any Services requiring authentication.

PRIVACY

Please read the Props Privacy Policy (“Privacy Policy”) provided at [https://propslove.com/privacy-policy.html] carefully to understand how Props collects, uses and discloses information, including personally identifiable information. By accessing or using the Services, you consent to all actions that we take with respect to your data that is consistent with our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Props, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material you access through the Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of material contained in the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution. You may download a single copy of our mobile application to your mobile device solely for your own personal, non-commercial use. If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from the Services.
Use any illu strations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services.
Access or use for any commercial purposes any part of the Services or any services or materials available through the Services. This does not prohibit a Props client, employer, or partner from using the data to improve customer service within their own establishment, but does prohibit a Props client, employer, or partners from selling or distributing the data to other parties.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Props. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Props Love, LLC, Props Love, and Props names, and all related names, logos, product and service names, designs, and slogans are trademarks of Props. You must not use such marks without the prior written permission of Props. All other names, logos, product and service names, designs, and slogans displayed on or in connection with the Services are the trademarks of their respective owners.

PROHIBITED USES

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

In any way that violates any applicable federal, state, local or international law or regulation, (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking
for personally identifiable information or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
To impersonate or attempt to impersonate Props, a Props employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Props or users of the Services or expose them to liability.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.

Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Services.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.

Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Services.

TERMINATION OF USE

Props reserves the right, in its sole discretion, to terminate or suspend your use of or access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use, at any time without notice. In the event that Props terminates your use of or access to all or part of the Services, any Props given to other users will remain visible on those users’ profiles, though the deactivated profile and received Props will no longer function or be visible.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents. The Services may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Props, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Props. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. If the Services contain links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

CHANGES TO THE SERVICES

PROPS RESERVES THE RIGHT TO AMEND, TERMINATE, OR DISCONTINUE THE SERVICES AT ANY TIME AND IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SERVICES CONFIRMS YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS, THEREFORE, YOU SHOULD REVIEW THESE TERMS OF USE AND APPLICABLE POLICIES FREQUENTLY TO UNDERSTAND THE TERMS OF USE THAT APPLY TO THE SERVICES. We may update the content on this Services from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

LINKING TO THE SERVICES AND SOCIAL MEDIA FEATURES

You may have the ability to link to certain public pages provided by the Services, which you are authorized to do provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to: Link from your own or certain third-party websites or applications to certain content in the Services. Send e-mails or other communications with certain content, or links to certain content, in the Services. Cause limited portions of content in the Services to be displayed or appear to be displayed on your own or certain third-party websites or applications.

You may use any social media features provided by the Services solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: Establish a link from any website that is not owned by you. Cause content from the Services to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website. Otherwise take any action with respect to the content in the Services that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.

GEOGRAPHIC RESTRICTIONS

The Services are for access and use only by persons located in the United States. You acknowledge and agree that you will not use the Application or access the Services from outside of the United States.

DISCLAIMER OF WARRANTIES

SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Services or your breach of these Terms of Use, including but not limited to the content you submit or make available through the Services.

SEVERABILITY

If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provisions will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.

GOVERNING LAW

These Terms of Use are governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the City of Birmingham and Jefferson County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ENTIRE AGREEMENT

The End User License Agreement and these Terms of Use constitute the entire agreement between you and Company with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

WAIVER

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

End User License Agreement

Props Love Mobile Application End User License Agreement

This Props Love Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Props Love, LLC ("Company"). This Agreement governs your use of the Props Love Mobile Application for the Apple iOS platform (including all related documentation, the "Application"). The Application is licensed, not sold, to you.

BY SWITCHING/TAPPING THE TOGGLE AND PROCEEDING TO SIGN UP YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL THE APPLICATION.

1. License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
(a) download, install, and use the Application for your personal, non-commercial use one or more mobile devices owned or otherwise controlled by you ("Mobile Device(s)") strictly in accordance with the Application's documentation; and
(b) access and use on such Mobile Device(s) the Services (as defined in Section 5) made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use [https://propslove.com/terms.html] applicable to such Services.

2. License Restrictions. Licensee shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof; or
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time.

3. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company reserves and shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device(s) and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may share information about yourself with others. Please see our Privacy Policy [https://propslove.com/privacy-policy.html] for a description of information we collect through or in connection with this Application.

5. Services. The Application provides you with access to certain features, functionality, and content (collectively, " Services"). Your access to and use of such Services are governed by the Terms of Use [https://propslove.com/terms.html], which are incorporated herein by this reference. Your access to and use of such Services is conditioned on your acceptance of such Terms of Use. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

6. Geographic Restrictions. The Services are for access and use only by persons located in the United States. You acknowledge and agree that you will not use the Application or access the Services from outside of the United States.

7. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. Updates may also change or remove Props points and rewards, including the value of points and rewards, without notice at the Company's sole discretion. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device(s) are connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement and use of any Updates is conditioned on acceptance of the Terms of Use [https://propslove.com/terms.html].

8. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

9. Term and Termination.
(a) The term of Agreement commences when you install the Application and will continue in effect until terminated by you or Company as set forth in this Section.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device(s).
(c) Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device(s).
(e) Termination will not limit any of Company's rights or remedies at law or in equity.
(f) The License Restrictions in Section 2 will survive any termination.

10. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

12. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.

13. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

14. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the City of Birmingham and Jefferson County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. Entire Agreement. This Agreement and the Terms of Use constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

16. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.