Mobile Application Disclaimer Effective Date: January 1st, 2020 Mobile Application: SMAC
This disclaimer ("Disclaimer") is applicable to the mobile application listed above.
EFFECTIVE DATE: Effective Date above means the date this Disclaimer becomes effective.
The use of this mobile application and services on this mobile application are provided by Lets Talk SAMC LLC (hereinafter referred to as "Company" or "Operator") and are subject to this Disclaimer.
Should you continue to use the mobile application, the Company deems that as a manifestation of your assent to this Disclaimer.
The parties to this Disclaimer are the Company and you, as the user of this mobile application. Hereinafter, the parties will individually be referred to as "Party" and collectively as "Parties."
Please note that you must be at least 18 (eighteen) years of age to use this mobile application. By using this mobile application, you represent and warrant that you are at least 18 years of age and have the ability to legally understand and agree to this Disclaimer. The Company assumes no responsibility or liability for any misrepresentation of your age. If you are not 18 years of age, you must stop using the mobile application now.
By continuing to use this mobile application, you assent to each term and section contained in this Disclaimer.
You hereby understand and acknowledge that the Company is not acting as an attorney, certified financial planner, broker, or other regulated advisor through your use of the mobile application.
If you are in need of legal advice or financial advice, please consult the appropriate advisor, such as your own attorney, accountant, or other professional.
You agree that your use of the mobile application is at your sole and exclusive risk and that any services provided by the Company are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the mobile application will meet your needs or that the mobile application will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy, completeness, or quality of any information on the mobile application or obtained through any services. YOU AGREE THAT THE COMPANY IS NOT LIABLE FOR ANY ERRORS, OMISSIONS, LOSS OR DAMAGE WHICH MAY BE CAUSED BY YOUR USE OF THE MOBILE APPLICATION, TO THE FULLEST EXTENT PERMITTED BY LAW. ANY DAMAGE THAT MAY OCCUR TO YOU, THROUGH YOUR COMPUTER OR MOBILE SYSTEM, OR AS A RESULT OF LOSS OF YOUR DATA FROM YOUR USE OF THE MOBILE APPLICATION IS YOUR SOLE RESPONSIBILITY.
The maximum liability of the Company arising from or relating to your use of the mobile application is limited to the greater of one hundred ($100) US dollars or the amount you paid to the Company in the last three (3) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Documents, information, or other services received on or through this mobile application may not be appropriate for your particular situation, the assessment of which is your sole and exclusive responsibility.
The Company makes no assurances to any particular outcome based on your use of the mobile application, including business or financial outcomes.
Our mobile application may contain links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree that the mobile application provided by the Company is the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, without express written permission from the Company.
You agree not to use the mobile application for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the mobile application in any way that could damage the mobile application or general business of the Company.
You further agree not to use the mobile application: 1) To harass, abuse, or threaten others or otherwise violate any person's legal rights; 2) To violate any intellectual property rights of the Company or any third party; 3) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another; 4) To perpetrate any fraud; 5) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; 6) To publish or distribute any obscene or defamatory material; 7) To publish or distribute any material that incites violence, hate, or discrimination towards any group; 8) To unlawfully gather information about others.
TESTIMONIALS DISCLAIMER: The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
INDEMNIFICATION: You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the mobile application, your breach of this Disclaimer or any of our other legal documents, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.
Through your use of the mobile application, you agree that the laws of Texas shall govern any matter or dispute relating to or arising out of this Disclaimer, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions.
ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county chosen by the Company. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Texas. Each Party shall pay their own costs and fees. Intellectual property claims by the Company will not be subject to arbitration and may be litigated, as the sole exclusion to this section. The Parties waive any rights they may have to a jury trial in regard to arbitral claims.