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Expert Minute LLC
TERMS OF USE
This Agreement governs your access and use of our Software and Services.
By using this service, you are indicating your acceptance of this Agreement and by using the Services offered in conjunction with your online shopping experience, the person identified on the Expert Minute LLC App launch form (“End User,” “You,” “Yourself,” or “Your”) agrees to the terms of this Agreement.
This Agreement was last modified on May 3, 2018 and is effective between the End User and Expert Minute LLC LLC (Expert Minute LLC) as of the date the Agreement is accepted by the End User as detailed above.
1. ACCESS TO SERVICES. Subject to the terms and conditions of this Agreement, Expert Minute LLC grants to You, and You accept, a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable right to use the Services.
2. USE OF SERVICES.
2.1 Usage Limits. Access and use of the Services is solely for Your own purposes while interacting with [Sole Sports Incorporated] The rights granted herein are an expansion of the limited rights granted under the Copyright Act, and are subject to revision by Expert Minute LLC.
2.2 Usage Restrictions. You will not: (a) make the Services available to, or use the Services for the benefit of, anyone other than Yourself; (b) sell, resell, license, sublicense, distribute, rent or lease the Services, or include the Services in a service bureau or outsourcing offering; (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (d) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; (e) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (f) use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); (g) advertise or offer to sell or buy any goods or services for any business purpose other than that relating to Your normal business activities; (h) harvest or otherwise collect information about others, including e-mail addresses; (i) use the Services to store or transmit any individual’s health, medical or payment card information; (j) use the Services to store or transmit Malicious Code; (k) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein; (l) attempt to gain unauthorized access to the Services or related systems, Software, or networks; (m) permit direct or indirect access to or use of the Services in a way that circumvents a contractual usage limit, use any of the Services to access or use any of our intellectual property except as permitted under this Agreement; (n) copy the Services or Software or any part, feature, function or user interface thereof; or (o) access the Services in order to build a competitive product or service or to benchmark or reverse engineer the Services or Software (to the extent such restriction is permitted by law). If You use the Services in a way that breaches this Agreement and threatens the security, integrity or availability of the Services, we may immediately suspend access to the Services; however, we will use efforts reasonable under the circumstances to provide You with notice and an opportunity to remedy the breach before any such suspension.
3.1 Reservation of Rights.
The Services and Software are protected by copyright and other intellectual property protections, laws, and treaties. Expert Minute LLC reserves all rights not expressly granted to You in this Agreement. You acknowledge that Expert Minute LLC and its parents, subsidiaries, and affiliates retain all right, title, and interest in and to the original, and any copies, of the Licensed Software, Services, associated documentation, and Intellectual Property, and ownership of all patent, copyright, trade secret, technology, ideas, know-how, and other intellectual property rights pertaining thereto are and will remain the sole property of Expert Minute LLC.
You acknowledge that Expert Minute LLC is the sole owner of and has the right to grant the licenses herein for the Services and Software, including, without limitation, all right, interest and title to all applicable intellectual property rights, and all parts, components, copies and adaptations thereof, provided to or accessed by You pursuant to this Agreement, and the same will remain the sole property of Expert Minute LLC. You have no rights, ownership, or interest in or to the Services or the Software except as described herein, and Expert Minute LLC expressly reserves all rights not otherwise specifically granted hereunder. In addition, You agree to retain intact and will not modify or remove any of Expert Minute LLC’s trademarks, service marks or logos, or copyright, patent, proprietary information or confidential information designators, markings, legends or ownership indicators from any retrieved data or displays of the Services or the Software. You acknowledge that any symbols, trademarks, trade names, and service marks (“Trademarks”) adopted by Expert Minute LLC to identify the Services and/or Software belong to Expert Minute LLC and that You have no rights in such Trademarks.
3.2 Equitable Relief and Survival. You acknowledge and agree that a breach of Your obligations under this Section may cause irreparable damage to Expert Minute LLC and that Expert Minute LLC will be entitled to preliminary and other injunctive relief against such a breach or default. Any injunctive relief will be in addition to and will in no way limit any rights or remedies otherwise available to Expert Minute LLC. The provisions of this Article survive expiration or termination of this Agreement for any reason.
3.3 License by You to Host Your Data. You grant Expert Minute LLC, our affiliates and our hosting providers a worldwide, limited-term license to host, copy, transmit and display Your Data as necessary for us to provide the Services in accordance with this Agreement.
3.4 Use of Data. Expert Minute LLC may use, reproduce or adapt information obtained in connection with this Agreement and use of the Services in any manner deemed appropriate, except that each party and its agents, employees and contractors will maintain the confidentiality of this information to the extent required by applicable law, and may not use the information in any way prohibited by law.
Expert Minute LLC may collect personal data to operate effectively. You provide some of this data directly, such as when you launch the Services or interact with an online customer service expert, or use the Services. Expert Minute LLC may also get some personal data by recording how you interact with the Services, for example, using technologies like cookies, and receiving error reports or usage data from software running on your device.
Expert Minute LLC uses the data we collect to operate our business and provide You the Services, which includes using data to improve our products and personalize your experience with the Services. However, we do not collect what you say in email, chat, video calls or voice mail nor do we share this information with third parties.
3.5 License by You to Use Feedback. You grant to Expert Minute LLC and our affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction or other feedback provided by You relating to the operation, function, performance, or presentation of the Services.
3.6 Ownership of Data. Any information or data, originating from the You, input into the Services or used by the Software will be owned by the You. You hereby grant to Expert Minute LLC an exclusive, fully paid up, royalty free, and perpetual license to use any information or data input into the Services or using the Software. You will not grant a license to, or otherwise permit, any third party to use the data or information except as permitted under this Agreement.
4. LIMITATIONS OF LIABILITY, INDEMNIFICATION
4.1 Limitation of Liability. EXCEPT FOR THE INDEMINFICATION OBLIGATION OF EXPERT MINUTE LLC SET FORTH IN SECTION 4.2 BELOW, EXPERT MINUTE LLC’S ENTIRE LIABILITY AND END USER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE OR CLAIM RELATED TO THIS AGREEMENT, THE SERVICES OR SOFTWARE IS END USER’S TERMINATION OF THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL EXPERT MINUTE LLC’S LIABILITY ARISING OUT OF THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT EXCEED THE AMOUNTS PAID BY END USER TO EXPERT MINUTE LLC HEREUNDER.
4.2 Release and Indemnification by End User. You hereby release, indemnify and hold harmless Expert Minute LLC, its affiliates, shareholders, directors, officers, employees, agents, successors and permitted assigns, from and against any and all loss, claims, causes of action, obligations, liability or damages whatsoever (including reasonable attorneys’ fees) directly or indirectly arising out of: (i) Your use or nonuse of the Services or the Software, including, without limitation, personal injury or death; (ii) Your breach of this Agreement; (iii) unavailability, malfunction or error of the Services or the Software; and (iv) any loss, damage, or personal injury or death caused by the act or omission of any agent, employee, customer, business invitee of End User.
4.3 In the event of an uncured material breach of this Agreement by End User, Expert Minute LLC has the right to pursue any and all remedies existing at law or in equity and to collect all expenses of collection and enforcement of Expert Minute LLC’s rights and End User’s obligations hereunder, including reasonable attorneys’ fees. Expert Minute LLC’s remedies under this Agreement are not deemed exclusive but are cumulative and in addition to all other remedies provided by law and equity. No delay or omission in the exercise of any remedy of Expert Minute LLC will impair or affect its right to exercise the same. In the event of an uncured material breach of the Agreement by Expert Minute LLC, End User’s sole and exclusive remedy will be a refund of the charges paid for the applicable Services or Software or other item or service that is the subject of such breach.
5. DEFINITIONS
Agreement means this Terms of Use Agreement.
End User. The person or entity identified on the Registration Form.
“Malicious Code” means code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.
Services means the access to Expert Minute LLC’s shared host computer system Software, the Expert Minute LLC App, and any related services made available online by Expert Minute LLC.
Software means the Expert Minute LLC web-based software application for facilitating audio/video communications between the End User and another party.
“You” means the End User named above.
“Your Data” means electronic data and information submitted by or for You to the Services.