Last updated: August 24th, 2017
The the mobile application “Weather Up” and the various related services, features, functions, software, applications, websites, and networks (collectively, the “Mobile Application””) are provided and operated, and are being made available to you and the other users of the the Mobile Application (collectively, “Users”) by Contrast Apps LLC (“Contrast”).
To access and use the Mobile Application, you must be at least 13 years of age. Contrast or our partners may offer additional services with additional terms that may require you to be even older to use them. BY REGISTERING FOR OR USING THE MOBILE APPLICATION OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE MOBILE APPLICATION, YOU REPRESENT THAT:
- YOU SATISFY THE ELIGIBILITY REQUIREMENTS AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE MOBILE APPLICATION; AND
- YOU CAN FORM A BINDING CONTRACT WITH CONTRAST. IF YOU ARE BETWEEN 13 AND 17, YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS.
- YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS.
3. Mobile Application License Grant.
3.1 LICENSE GRANT
Subject to your compliance with all the terms and conditions set out in these Terms, Contrast hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to install and use the Mobile Application on your mobile and other devices as contemplated herein.
Any software that Contrast provides you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
3.2 PREVENTION OF UNAUTHORIZED USE
Contrast reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Mobile Application, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
4. Additional Policies.
When using the Mobile Application, you will be subject to any additional posted policies, guidelines or rules applicable to the Mobile Application and features which may be posted from time to time (the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
5. Respecting Other People’s Rights.
Contrast respects the rights of others and so should you. You therefore may not post or share content that:
- violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property right;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Contrast in its sole discretion;
- is false, misleading, untruthful or inaccurate;
- includes anyone's identification documents or sensitive financial information
- impersonates any person or entity, including any of Contrast’s employees or representatives; or
- spams or solicits any Users.
6. In-App Purchases
Contrast may offer various virtual features, functionality, goods and services (“Products”) that you can purchase and use through the Mobile Application. Payments or payment processing for in-app purchases may be handled by Contrast or unaffiliated third parties. You are responsible for all sales taxes. To the extent that any such taxes are payable by Contrast or such unaffiliated third parties, you must pay to Contrast or such unaffiliated third parties the amount of such taxes in addition to any other amounts owing for such in-app purchases.
All in-app sales of Products may be final and non-refundable so please check the applicable terms and conditions carefully. Since Contrast’s performance begins once you tap “Buy” and Contrast may give you immediate access to your purchase, you waive any right you may have under EU or other local law to cancel your purchase once it’s completed or to get a refund. BY ACCEPTING THESE TERMS, YOU AGREE THAT CONTRAST IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
Contrast may change, modify, or eliminate Products at any time, with or without notice. You agree that Contrast will bear no liability to you or any third party if Contrast does so.
It’s your sole responsibility to manage your in-app purchases. For information about how to restrict in-app purchases on your device, please consult your app store’s terms. If you are under 18, you must obtain your parent’s or guardian’s consent before making any purchases.
Contrast does not transmit any funds and is not a money-services business. To the extent that any such Products are made available on in the Mobile Application, they may be provided by an unaffiliated third party, and like any other third-party service, subject to that third party’s separate terms and conditions.
7. Modification of these Terms
Contrast reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms. If Contrast updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Mobile Application after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations (including applicable fees), Contrast will make reasonable efforts to notify you of such change. Contrast may provide notice through a pop-up or banner within the Mobile Application, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Contrast may require you to provide consent by accepting the changed Terms. If Contrast requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Contrast, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE MOBILE APPLICATION.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
8. Representations and Warranties.
You understand that when using the Mobile Application you may be exposed to content or other materials from a variety of sources, and that Contrast is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content and other content. You further understand and acknowledge that you may be exposed to content and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Contrast with respect thereto. Contrast does not endorse any content and other material or any opinion, recommendation or advice expressed therein, and Contrast expressly disclaims any and all liability in connection with content and other materials. If notified by a User or a content owner of any content or other content or materials that allegedly do not conform to these Terms, Contrast may investigate the allegation and determine in its sole discretion whether to remove the content or other content or materials, which it reserves the right to do at any time and without notice.
9. Prohibited Conduct.
BY USING THE MOBILE APPLICATION YOU AGREE NOT TO:
9.1 Decipher, decompile, disassemble, reverse engineer, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Mobile Application, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);
9.2 Make the Mobile Application available to anyone other than you or use the Mobile Application for the benefit of anyone other than you, including selling, reselling, distributing, hosting, leasing, renting, licensing or sublicensing, in whole or in part, the Mobile Application, or using the Mobile Application for hosting or time sharing services, or as part of a service bureau or outsourcing offering;
9.3 Provide any services to any third party using the Mobile Application;
9.4 Prepare any derivative work of the Mobile Application, or any other program based upon the Mobile Application;
9.5 Reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to the Mobile Application or any part thereof;
9.6 Copy, disclose, or distribute any data available on the Mobile Application in any medium, including without limitation, by any automated or non-automated “scraping;”
9.7 Interfere with, circumvent or disable any security or other technological features or measures of the Mobile Application or attempt to gain unauthorized access to the Mobile Application or its related systems or networks;
9.8 Use bots or other automated methods to: access the Mobile Application, download data or any other information, send or redirect messages or perform any other activities through the Mobile Application; or
9.9 Use the Mobile Application for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment.
10. Third-Party Sites.
The Mobile Application may include links or references to other web sites or services (“Third Party Sites”) solely as a convenience to Users. Contrast does not endorse any such Third Party Sites or the information, materials, products, or services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Mobile Application are solely between you and such advertiser. Access and use of Third Party Sites, including the information, materials, products, and services on or available through Third Party Sites are solely at your own risk.
11. Mobile Charges.
You are responsible for any mobile charges that you may incur for using the Mobile Application, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Mobile Application.
You agree that Contrast, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Mobile Application or any account (or any part thereof) you may have with Contrast and remove and discard all or any part of your account, user profile, and any content, at any time. Contrast may also in its sole discretion and at any time discontinue providing access to the Mobile Application, or any part thereof, with or without notice. You agree that any termination of your access to the Mobile Application or any account you may have or portion thereof may be effected without prior notice, and you agree that Contrast will not be liable to you or any third party for any such termination. Contrast reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Contrast to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Contrast may have at law or in equity. As discussed herein, Contrast does not permit copyright infringing activities on the Mobile Application, and shall be permitted to terminate access to the Mobile Application, and remove all content or other content submitted by any Users who are found to be repeat infringers. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD CONTRAST HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CONTRAST DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CONTRAST OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy with respect to any dissatisfaction with (i) the Mobile Application, (ii) any term of these Terms, (iii) any policy or practice of Contrast in operating the Mobile Application, or (iv) any content or information transmitted through the Mobile Application, is to terminate your use of the Mobile Application. You may terminate your use of the Mobile Application at any time. After such termination, you must refrain from use of the Mobile Application until authorized by Contrast.
13. Ownership; Proprietary Rights.
The Mobile Application is owned and operated by Contrast. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Mobile Application provided by Contrast (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content that are provided and owned by Users, all Materials contained on the Mobile Application are the property of Contrast or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Contrast or its affiliates and/or third-party licensors. Except as expressly authorized by Contrast, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Contrast reserves all rights not expressly granted in these Terms.
You agree to indemnify, save, and hold Contrast, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Mobile Application, any of the content or any Product, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Contrast reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Contrast, and you agree to cooperate with Contrast’s defense of these claims. Contrast will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
15. No Warranties; Disclaimers.
15.1 NO WARRANTIES.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CONTRAST AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “CONTRAST PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE MOBILE APPLICATION AND THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CONTRAST PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE MOBILE APPLICATION AND THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CONTRAST PARTIES OR THROUGH THE MOBILE APPLICATION OR THE PRODUCTS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
15.2 “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS”.
YOU EXPRESSLY AGREE THAT THE USE OF THE MOBILE APPLICATION AND THE PRODUCTS ARE AT YOUR SOLE RISK. THE MOBILE APPLICATION, THE PRODUCTS AND ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD PARTY SITES, MOBILE APPLICATION, OR PRODUCTS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MOBILE APPLICATION OR THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
15.3 PLATFORM OPERATION AND CONTENT.
THE CONTRAST PARTIES DO NOT WARRANT THAT THE DATA, ASSESSMENTS, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE MOBILE APPLICATION, THE PRODUCTS OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
THE CONTRAST PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MOBILE APPLICATION, THE PRODUCTS OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
15.5 HARM TO YOUR COMPUTER.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH THE MOBILE APPLICATION, THE PRODUCTS OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
16. Limitation of Liability and Damages.
16.1 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE CONTRAST PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS, ASSESSMENTS, RESULTS OR CONTENT ON THE MOBILE APPLICATION, THE PRODUCTS OR ANY THIRD PARTY SITES, OR ANY OTHER INTERACTIONS WITH CONTRAST, EVEN IF CONTRAST OR A CONTRAST AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CONTRAST’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16.2 LIMITATION OF DAMAGES.
IN NO EVENT WILL THE CONTRAST PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE MOBILE APPLICATION OR ANY PRODUCT OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU (OR ON YOUR BEHALF), IF ANY, TO CONTRAST DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR TEN DOLLARS, WHICHEVER IS GREATER.
16.3 RELEASE FOR DISPUTES BETWEEN USERS.
If you have a dispute with any other Users or other third parties, you release Contrast and the other Contrast Parties 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 such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
16.4 THIRD PARTY SITES.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICESS SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN CONTRAST AND RECEIVED THROUGH OR ADVERTISED ON THE MOBILE APPLICATION OR RECEIVED THROUGH ANY THIRD PARTY SITES.
16.5 BASIS OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT CONTRAST HAS OFFERED THE MOBILE APPLICATION, ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CONTRAST, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CONTRAST. CONTRAST WOULD NOT BE ABLE TO PROVIDE THE MOBILE APPLICATION TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
16.6 LIMITATIONS BY APPLICABLE LAW.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
17. United States Export Controls.
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under these Terms are contingent on your compliance with this provision.
Contrast may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings. Notice will be deemed given twenty-four hours after email is sent, unless Contrast is notified that the email address is invalid. Alternatively, Contrast may give you legal notice by mail to a postal address, if provided by you through the Mobile Application. In such case, notice will be deemed given three days after the date of mailing. Notice posted is deemed given 30 days following the initial posting.
The failure of Contrast to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Contrast.
18.3 DISPUTE RESOLUTION.
If a dispute arises between you and Contrast, the goal is to provide you with a neutral and cost effective methods of resolving the dispute quickly. Accordingly, you and Contrast agree that any dispute, claim or controversy at law or equity that arises out of this Agreement or the Mobile Application (a “Claim”) will be resolved in accordance with this Section or as Contrast and you otherwise agree in writing. Before resorting to these dispute methods, Contrast strongly encourages you to first contact Contrast directly to seek a resolution.
(a) Choice of Law. These Terms shall be governed in all respects by the laws of the State of Texas as they apply to agreements entered into and to be performed entirely within Texas between Texas residents, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY CLAIM OR OTHERWISE IN CONNECTION WITH THESE TERMS, MOBILE APPLICATION.
(b) Arbitration and Class Action Waiver.
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
(i) Arbitration. YOU AGREE THAT ALL CLAIMS BETWEEN YOU AND CONTRAST (WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS, MOBILE APPLICATION, INCLUDING WITHOUT LIMITATION, YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND CONTRAST HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND CONTRAST WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. You may bring claims only on your own behalf.
Neither you nor Contrast will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST CONTRAST INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Contrast is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Contrast or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 19.3(b) is found not to apply to you or your claim, you and Contrast agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts of Travis County, TX. Both you and Contrast irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Contrast may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) This arbitration agreement will survive the termination of your use of the Mobile Application or your relationship with Contrast.
(c) Improperly Filed Claims. All claims you bring against Contrast must be resolved in accordance with this Section 18.3. All claims filed or brought contrary to this Section 18.3 shall be considered improperly filed. Should you file a claim contrary to this Section 18.3, Contrast may recover attorneys’ fees and costs up to $15,000, provided that Contrast has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Contrast without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your use of the Mobile Application or your relationship with Contrast, any provision which, by its nature or express terms should survive , will survive such termination or expiration, including, but not limited to, Sections 1, 2, and 8 -19.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
18.8 ENTIRE AGREEMENT.
18.9 NO AGENCY.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
18.10 geographich restrictions
Contrast is based in the state of Texas in the United States. Contrast provides the Mobile Application for use only by persons located in the United States. Contrast makes no claims that the Mobile Application or any of its content is accessible or appropriate outside of the United States. Access to the Mobile Application may not be legal by certain persons or in certain countries. If you access the Mobile Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Contrast with respect thereto.
The Mobile Application is offered by Contrast Apps LLC. located at: 119 E Hopkins #206, San Marcos, TX 78666 and email: firstname.lastname@example.org. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.