Harness Change LLC
(Powered by Harness Change, LLC)
End User License Agreement
Last updated: June 6, 2016
This End User License Agreement (this “Agreement”) governs your access to and use of the Harness Change mobile application, which was developed for the Harness Change LLC (the “Company”) and provided by Harness Change, LLC (“HC,” “we,” “us,” or “our”), including the application’s software, computer code, data, trademarks, logos, slogans, names of products and services, text, graphics, interfaces, other content, documentation, and other components (together, the “App”).
- Application Marketplaces. Unless expressly stated otherwise, this Agreement does not modify any rules, terms, or conditions set forth in any application marketplace, including without limitation the Apple App Store and Google Play (each, an “App Marketplace”). If the App is downloaded from the Apple App Store, Apple’s applicable Instructions for Minimum Terms of Developer’s End-User License Agreement are incorporated into this Agreement to the extent necessary for this Agreement to comply with such terms. This Agreement is entered into between you and HC and not between you and any App Marketplace. You further acknowledge that HC, and not any App Marketplace, is solely responsible for the App and for addressing any claims relating to the App.
- Data Charges. You may incur data charges by using the App.
- Changes to this Agreement. Company reserves the right to modify or amend this Agreement at any time. All changes will be effective immediately upon posting to the App. Material changes will be conspicuously posted on the App. By accessing or using the App after such changes are posted you agree to all such changes.
- App Updates. This Agreement governs any updates to the App that replace or supplement the original version unless the update is accompanied by a separate agreement, in which case that agreement will govern. If there are multiple versions of the App available for download, this Agreement applies to all versions of the App regardless of the location from where it is downloaded.
- License. Provided you comply with this Agreement, Company grants you a revocable, limited, nontransferable, nonexclusive license to use the App on any compatible device that you own or control as permitted by all applicable terms set forth by the applicable App Marketplace.
- Ownership; Use Restrictions. The App is exclusively the property of HC and, as applicable, its affiliates, suppliers, and licensors, and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, display, duplicate, sell, publish, post, license, or otherwise distribute the App or any part of it. You may not modify, translate, or create derivative works of the App. You may not decompile, disassemble, reverse-engineer, or otherwise attempt to derive, reconstruct, identify, or discover any source code, underlying ideas, or algorithms of the App. The App may use or include third-party software that is subject to open source or third-party license terms. You may not use the App in any anticompetitive manner or for any purpose that has the potential be contrary to HC’s business or economic interests in any aspect. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to HC, the Company, or any other third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The App may contain references to the Company and other third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
- Your Account. You must create an account in order to use the App. You must keep your account log-in information, including your password, secret. Your account is personal to you and you must not provide any other person or entity with access to the App using your password or other credentials. You will be responsible for all activity that occurs in your account. If you have any reason to believe that your account has been compromised, please notify HC by emailing email@example.com and notify Company by emailing firstname.lastname@example.org.
- Donations. Two types of donations can be made to the Company using the App: “round up” donations and “flash” donations. You can make round-up donations to the Company by rounding up the transactions on the credit or debit card that you connect to your App account to the nearest dollar and donating those round-ups (i.e., the difference between the transaction amount and the rounded-up amount) to the Company. Once $10.00 of round-ups accrue, the total accrued round-ups will automatically be donated to the Company. You can request, however, in your account settings, the we obtain your verification before initiating round-up donations. You can determine the maximum round-up donations per calendar month using your account settings. Flash donations to the Company are in-kind donations where you obtain a coupon for a product or service via email in exchange for making the specified donation to the Company. We will notify you of flash donation opportunities via the App. You can turn off these notifications in your account settings. Flash donation opportunities are subject to availability and time limits. If you believe that an error related to your account has occurred (e.g., a miscalculation), please contact us immediately at email@example.com. You must contact us within 90 days after the date of the error. We may require reasonable documentation to support your claim.
- Feedback. HC welcomes comments regarding the App. If you elect to submit comments or feedback to us regarding the App, they will not be considered or maintained as confidential. We may use any comments or feedback that you send us in our discretion and without attribution or compensation to you.
- DISCLAIMER OF WARRANTIES. THE APP IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. NEITHER HC, COMPANY, NOR THEIR RESPECTIVE AFFILIATES, SUPPLIERS, OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE APP. NEITHER HC NOR COMPANY GUARANTEES THE QUALITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF THE APP. HC AND COMPANY DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE APP WILL BE CORRECTED, OR THAT THE APP OR THE SERVERS THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. HC AND COMPANY DO NOT WARRANT THAT THE APP WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY PIECE OF HARDWARE, SOFTWARE, OR EQUIPMENT INSTALLED ON OR USED WITH YOUR DEVICE. YOU UNDERSTAND THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL AND THAT SUCH PROBLEMS MAY RESULT IN PERMANENT DAMAGE TO YOUR DEVICE, LOSS OF DATA, AND CORRUPTION OF SOFTWARE AND OTHER FILES. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR DEVICE PASSWORD. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HC AND COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE APP, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. YOUR ACCESS TO AND USE OF THE APP IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HC, THE COMPANY, OR THE APP CREATES ANY WARRANTY.
- LIMITATION ON LIABILITY. TO THE EXTENT PERMITTED BY LAW, HC, COMPANY, THEIR RESPECTIVE AFFILIATES, SUPPLIERS, AND LICENSORS, AND THE APPLICABLE APP MARKETPLACE, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE APP OR YOUR ACCESS TO OR USE OF THE APP (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE APP), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF HC OR COMPANY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE APP. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification. You shall indemnify, defend, and hold harmless HC and the Company and their respective affiliates, suppliers, licensors, officers, directors, employees, contractors, agents, and representatives, as well as the applicable App Marketplace, from and against all claims, losses, damages, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your access to or use of the App, your use of any material, information, or data downloaded or otherwise obtained from the App, or your violation of this Agreement.
- Termination of License. The license granted to you above is effective upon your acceptance of this Agreement and continues in effect until terminated by you or HC. If you fail to comply with this Agreement your rights under this Agreement (including without limitation the license to use the App) will automatically terminate without notice from HC. Upon termination, you shall immediately stop using the App and deinstall or destroy all copies of the App. The terms of this Agreement concerning ownership, collected information, the disclaimer of warranties, liability or the lack thereof, indemnification, third-party beneficiaries, governing law, and disputes survive termination of this Agreement.
- Compliance with Laws; Conduct. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the App. You may not use, export, or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. You represent and warrant (i) that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country and (ii) that you are not listed on any United States Government list of prohibited or restricted parties, such as the Office of Foreign Assets Control (OFAC) list. The App is controlled and operated in the United States of America. The App is intended to be used in the United States of America (including Puerto Rico). You may not submit inaccurate information via the App, commit fraud or falsify information in connection with your use of the App, or act maliciously against the business interests or reputation of HC or the Company.
- Governing Law; Disputes. This Agreement is governed by the laws of the state of Florida, without regards for their conflict of law principles. Venue is exclusively in the City of Tampa, Florida, with respect to any dispute arising under this Agreement unless otherwise determined by HC in its sole discretion. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. In addition, you waive any and all rights to trial by jury. Any cause of action or claim with respect to the App must be commenced within one year after the cause of action or claim arises.
- Third-Party Beneficiaries. The Company and the applicable App Marketplace are third-party beneficiaries of this Agreement and they have the right to enforce this Agreement against you.
- Interpretation. This Agreement is the entire agreement between you and HC with respect to your access to and use of the App. HC’s failure to enforce any provision in this Agreement will not constitute a waiver of such provision or any other provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by HC. If any provision of this Agreement is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions shall remain in full force and effect. The headings in this Agreement are for convenience only and do not affect the interpretation of this Agreement. This Agreement will inure to the benefit of HC’s successors and assigns.
- Electronic Communications. This Agreement and any other documentation, agreements, notices, or communications between you and HC or you and Company may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of this Agreement and other documentation, agreements, notices, and communications for your reference.
- Age Requirement. The App is available to users aged 18 and up only.
- Contact Us. The App is operated by Harness Change, LLC, a Florida limited liability company with an address of 1190 East Washington Street, #719, Tampa, Florida 33602. All feedback, comments, requests for technical support and other communications relating to the App should be directed to the address above or to firstname.lastname@example.org.
Copyright © 2016 Harness Change, LLC. All rights reserved.