Terms of Service
Last Updated: Sep 12, 2023
Welcome to Polywork, the website and online and/or mobile service of Kalo Industries, Inc. d/b/a Polywork (“Company,” “Polywork,” “we,” “our” or “us”). These Terms of Service form an agreement (the “Agreement”) between Company and you, and the Agreement sets forth the terms and conditions applicable to your use of our website, and your purchase or use of our products or services (each, a “Service” and collectively, the “Services”), as further described herein. The terms “you” and “your” herein shall refer to the entity or individual that accepts this Agreement or purchases or uses any Services. By accessing, using or purchasing any Services, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by this Agreement, our Community Guidelines, and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Services. Company reserves the right to modify this Agreement, and Company will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access, use or purchase any Services (“Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
  1. Our Service
    1. Eligibility
      This is a contract between you and Company. You must read and agree to these terms before purchasing or using any Company Services. If you do not agree, you may not use or purchase any Services. You may use our Services only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to any Services by anyone under the Minimum Age is strictly prohibited and in violation of this Agreement. Minimum Age means 16 years old. However, if law requires that you must be older in order for Polywork to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age. Unless an exception is granted by the Company in its sole discretion, the Services are not available to any Users previously removed from the Services by Company. You agree that, unless we state otherwise, English will be the language for all transactions and interactions arising out of this Agreement.
      Third-Party Services and Terms. We may make available to you the ability to use or purchase additional Services (each, a “Third-Party Service”) provided by our partners or other third parties (each, a “Third Party”) from us or directly from the Third Party. Third Parties may have their own terms, conditions and policies (collectively, “Third-Party Terms”), and you agree that it’s your obligation to review and abide by those Third-Party Terms (in addition to this Agreement). You acknowledge and agree that we do not control Third-Party Services and, to the fullest extent permitted by applicable law, we are not liable to you or any other person or entity for any problems or damages arising out of or relating to your use of a Third-Party Service, including, but not limited to, any Third Party’s action or inaction related to any Third-Party Services or decision to suspend or terminate any Third-Party Services.
      In addition to any other applicable Third-Party Terms that may apply from time to time, you acknowledge and agree that the following Third-Party Terms apply and you will comply with them for the following specified Services:
      Domain Name Registration Services: We act as a reseller to Tucows Domains Inc., an ICANN accredited domain name registrar, and we may provide you with the ability to apply for, register and maintain domain names registered through Tucows. If you use our Services to apply for, register, maintain or take any other action with regard to any domain names, you agree that, in addition to this Agreement, you are bound by and you will comply with the following Master Domain Registration Agreement required by Tucows located at: https://www.opensrs.com/wp-content/uploads/Tucows_ExhibitA.html (the “Domain Name Agreement”). Note that we are the “Reseller” for purposes of the Domain Name Agreement. Please review the Domain Name Agreement and all Third-Party Terms of other parties referenced in the Domain Name Agreement, such as Third-Party Terms related to the Internet Corporation for Assigned Names and Numbers (ICANN) and the relevant top-level domain registries, including but not limited to ICANN’s Uniform Domain-Name Dispute-Resolution Policy located on ICANN’s website at https://www.icann.org/resources/pages/policy-2012-02-25-en.
      SSL Certificates: As a part of our Services, we may assist you with provisioning an SSL certificate for your domain name. “Let’s Encrypt” certificates are subject to and governed by Third-Party Terms found on Internet Security Research Group’s website located at: https://letsencrypt.org/, including but not limited to their web page containing their policy and legal repository: https://letsencrypt.org/repository/. ZeroSSL certificates are subject to and governed by Third-Party Terms found on ZeroSSL GmbH’s website located at: https://zerossl.com/, including but not limited to their web page containing their terms and conditions: https://zerossl.com/terms/. You agree that you are bound by and will comply with the Third-Party Terms of the applicable issuer of your SSL certificates, as they may be modified from time to time.
    2. Limited License
      Subject to the terms and conditions of this Agreement (including, but not limited to, your payment of all applicable fees), you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable right and license to access and use our Services for your personal, noncommercial use only and as permitted by the features of the Services. Company reserves all rights not expressly granted herein in the Services and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason, as described further below.
    3. User Accounts
      1. Your Account
        We may require you to establish a user account with us for some or all of our Services (a “User Account”). Your User Account gives you access to certain Services that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Company with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
        You are not permitted to use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible and liable for the activity that occurs on your User Account (including, but not limited to, all purchases made through your User Account), and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols, and are at least 12 characters long) with your User Account. You must notify Company immediately of any breach of security or unauthorized access to or use of your password or other authentication credentials or User Account. Company will not be liable for any losses, damages or charges caused by any unauthorized use of your User Account. If you no longer wish to use our Services, you may request by email to legal@polywork.com that the Company delete your account, or you may delete your profile yourself using the profile settings within your User Account.
      2. Consent to Contact You
        By providing Company your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. For example, you agree that we may use your email address to send you notices concerning our Services (including but not limited to termination, suspension, pricing or feature updates, and Agreement updates). You also agree that we may use your email address to provide you with information we believe may be of interest to you, including but not limited to, promotional and marketing messages (e.g., new Services, new features and special offers) and other notices pertaining to our Services. If you do not want to receive such promotional or marketing email messages, you may opt out by using the “unsubscribe” link in any emails we send you, or by sending an email to legal@polywork.com requesting to opt out, or by modifying your notification preferences in your User Account. Opting out may prevent you from receiving such promotional and marketing email messages, but please note that we may still send you emails with information about your account or any Services you are using.
      3. Storage Limits
        You agree to abide by any storage limitations associated with our Services as specified by us on our website. Even if a Service is referred to as having “unlimited storage,” and regardless of any storage limitations being noted on our website, you acknowledge and agree that: (i) our Services do not serve, and you will not use our Services, as your backup or archive for information or data, (ii) we have no obligation to backup any of your information or data, (iii) you will keep a copy of all information and data that is important to you, and (iv) if your usage of our Services adversely affects other Users’ experience with or use of our Services (including, but not limited to, the amount of storage you use), we may suspend or terminate your Services without liability.
    4. Changes to the Service, Cancellation & Termination
      1. Changes to Services
        We may, without prior notice, change any Services; stop providing Services (or features of any Services) to you or to Users generally; or create usage limits for the Services (collectively, “Service Changes”). You agree that we shall not be liable to you or any third party for any such Service Changes and that your continued use of the Services constitutes your acceptance of any such Service Changes.
      2. Suspension and Termination by Us
        We may permanently or temporarily terminate or suspend this Agreement, your account, or your access to the Services without notice and liability for any reason, including, but not limited to, (1)(i) if, in our sole determination, you violate any provision of this Agreement, or we believe your use of our Services could expose us to legal liability in any jurisdiction, (ii) to protect the integrity and stability of our systems or the systems of a Third Party, (iii) for fraud and abuse detection or prevention efforts, (iv) to comply with a court order or requests from law enforcement, (v) to comply with any of our obligations imposed by any Third Party, (vi) to defend against any actual or threatened legal action, (vii) in response to complaints from others related to your use of any of our Services, or (viii) for any other reason expressly provided herein (a “for Cause” suspension or termination), or (2)(i) for no reason (a “for Convenience” suspension or termination).
      3. Cancellation or Termination by You
        You may cancel any Services or terminate this Agreement at any time by providing us with notice to legal@polywork.com or as otherwise permitted by us in your User Account. If you’d prefer, you may use the cancellation form available via this link on our Website.
      4. Effect of Termination
        All cancellations and terminations are subject to our Cancellation and Refund Policy in effect at the time of your purchase or renewal (please take a moment now to review that policy). Upon termination or cancellation for any reason or no reason, you continue to be bound by the terms of this Agreement with respect to all obligations, liabilities and responsibilities that arose prior to termination. You acknowledge and agree that, except as expressly provided otherwise in our Cancellation and Refund Policy, (i) if you cancel any Services or terminate this Agreement (for any reason or no reason) or if we terminate any Services or this Agreement for Cause, you will not receive any refund of fees paid for any terminated Services (and all fees owed must still be paid), and (ii) if we terminate any Service or this Agreement for Convenience, your sole and exclusive remedy for such termination is a prorated refund of any prepaid fees for Services not yet provided by us. Except as otherwise expressly set forth herein or on our website, we will cease charging your Payment Method for any monthly subscription fees as of the expiration of the billing cycle in which the termination is effective. Upon termination of any Services or this Agreement, all licenses granted to you for the terminating Services or under this Agreement, as applicable, will immediately cease, you must cease using the terminated Services, and you must destroy all copies of Company Content (as defined below). You agree that upon termination of this Agreement, we may delete all information related to you on our Services.
    5. Fees, Payments and Renewals
      1. Your Obligation to Pay Fees and Taxes
        You agree to pay us all applicable fees as designated on our website for the Services you order or as designated by us in the ordering process. All fees for any order you place are subject to change at the time of any renewal or as otherwise provided herein. All fees are due immediately and are non-refundable, except as otherwise expressly provided herein, on our website at the time of your purchase, or as required by law. You are responsible for payment of all applicable taxes (other than taxes based on our income), including, but not limited to, sales tax, use tax, value added tax, and other taxes and governmental charges and duties on your purchase of Services (collectively, “Taxes”). You agree to pay all Taxes related to the Services or payments made by you hereunder. All fees for Services are listed, and shall be paid, in U.S. dollars.
      2. Payment Method
        Payments for Services are to be made via a charge to your credit card, debit card or other payment method acceptable to us (your “Payment Method”) as collected and processed by our third-party payment processor, Stripe, Inc. (the “Processor”). You acknowledge and agree that your submission of your Payment Method will be directly to our Processor, that we do not collect your credit card or other financial account information, and you may be required to agree to additional terms and conditions with our Processor in connection with your payment of fees for Services. You are solely responsible for ensuring your Payment Method is up to date with our Processor. By submitting an order for Services, you authorize Company and Processor to charge the applicable fees using your Payment Method.
      3. Subscriptions Automatically Renew
        You agree that all annual and monthly subscriptions and any other recurring fees related to any Services will be recurring transactions billed on an ongoing basis using your Payment Method until the Services are canceled or the Agreement is terminated in accordance with this Agreement. Any Service purchased on a month-to-month basis (a “Monthly Subscription”) will automatically renew each month at the then-current fees applicable to the Service as listed on our website until terminated as provided in this Agreement. Any Service purchased on an annual basis (an “Annual Subscription”) will automatically renew at the end of each 12-month period for additional one-year periods at the then-current fees applicable to the Service as listed on our website until terminated as provided in this Agreement. Any renewal of your Services is subject to the then-current version of this Agreement and payment of all applicable fees. Except in connection with Monthly Subscriptions or as otherwise required by law, we will make reasonable efforts to notify you of an upcoming renewal of your Services prior to the renewal date. For Annual Subscriptions, you agree that we and our Processor may charge your Payment Method for each renewal on a date that is no more than thirty (30) days prior to the renewal date. You agree that we or our Processor may extend the expiration date (using third-party services for such purposes) on your Payment Method on file with our Processor in order to effect a renewal.
      4. Domain Name Services Fees & Auto-Renewal
        You can register domains for as low as $12.50 per year. Domain pricing is dependent on the domain's top-level domain (TLD). To find the price for a domain, you can search for it on the domain name settings page. Unless stated otherwise in our Cancellation and Refund Policy, domain name fees are non-refundable. We will provide an “auto-renewal” feature to automatically renew certain types of domain names, and you acknowledge and agree that we are authorized to turn on the auto-renewal feature for any eligible domains you register through our Services. You can also turn on or turn off the auto-renewal feature in your account. If you or we turn on the auto-renewal feature for your domain name, we will attempt to renew your domain name prior to the renewal date using your Payment Method, and you agree that we and our Processor are authorized to charge your Payment Method for the renewal at the then-current price for the renewal of the domain name listed on our website. We will make reasonable efforts to notify you of an upcoming renewal of your domain name registration prior to the renewal date; however, you acknowledge and agree that you are responsible for ensuring that your domain name is renewed prior to expiration, without regard to whether or not you are using any “auto-renewal” feature. Some domain names are not eligible for the “auto-renewal” feature, so it is important that you check your account and ensure that all domain names you want to renew are renewed prior to the end of the current registration term. Any renewal of a domain name registration is subject to the then-current version of this Agreement and payment of all applicable fees. Unless stated otherwise on our website, we or our third-party domain registrar will endeavor to send you pre- and post-expiration notices via email (on or about 30 days and 5 days prior to, and 3 days after, expiration of a domain name). If you do not wish to renew a domain name, you must ensure that the “auto-renewal” feature is turned off at least 30 days before the renewal date.
      5. Payment Method Failure
        If your Payment Method fails or is rejected for any reason in connection with a renewal (a “Failed Payment”), you agree that we may, but shall not be obligated to, (i) notify you by email to permit you to update your Payment Method information, and (ii) make additional attempts to charge your Payment Method for the applicable renewal fees. You acknowledge and agree that in the event of a Failed Payment we will terminate the applicable Services as of the end of the paid subscription or registration term or the end of any then-applicable grace period provided by us (as designated by us on our website or confirmed to you in writing), whichever is later. You agree to be responsible and reimburse us for all fees we incur due to a Failed Payment. We may, but shall not be obligated to, change any of your Services to any “free” version of our Services after terminating any fee-based Services due to a Failed Payment, and you agree that your use of any Services after any such termination is governed by the terms and conditions of this Agreement.
    6. Disputes with Other Users
      You are solely responsible for your interactions with other Users, and you must abide by the Community Guidelines. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.
    7. Service Location
      The Services are controlled and operated from facilities in the United States. You acknowledge and agree that you are accessing and entering into this Agreement as hosted by us on our servers in the United States. Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
  2. User Content
    Some areas of the Services allow Users to submit, post, display, provide, or otherwise make available content (or links to such content) such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Services is referred to as “User Content”).
    WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. However, you understand that certain portions of the Services may allow other Users to view, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Services, you agree to allow others to view, share, and/or interact with your User Content in accordance with this Agreement. Company has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Services.
    By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Services and under this Agreement.
    For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
    In connection with your User Content, you affirm, represent and warrant the following:
    • You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
    • You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
    • Your User Content and Company’s use thereof as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
    • Company may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
    • To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
    Company takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Services. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Services, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Company shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
    Our “Opportunities” feature is designed to allow Users to post information about professional and other collaboration opportunities (each, an “Opportunity”) they are making available (e.g., looking for a guest on a podcast, looking for beta testers, looking to fill a full-time position, etc.) and to communicate directly with one another concerning Opportunities.
    Our “Collaboration” feature is designed to allow Users to post information about the types of collaboration they are open to considering (“Collaboration Availability”), and to communicate directly with one another concerning Collaboration Availability and potential collaboration projects (e.g., guest lecturing, providing resume feedback, full time employment, etc.). Users must have an account with Polywork to post an Opportunity or Collaboration Availability, and to use the Services to communicate directly with a User who has posted an Opportunity or Collaboration Availability; however, posted Opportunities and Collaboration Availability can be viewed and shared by all Users (which, please remember, includes visitors to the Services). A User with a Polywork account can use the Services to send a direct message to a User who has posted an Opportunity or Collaboration Availability, and the posting User can decide whether or not to respond to the message. Subject to compliance with this Agreement, the two Users may continue using the Services to communicate about the Opportunity or Collaboration Availability.
    PLEASE NOTE THAT ALL INFORMATION YOU POST ON THE SERVICES (INCLUDING, BUT NOT LIMITED TO, PROFILE INFORMATION, PROFESSIONAL OPPORTUNITIES AND COLLABORATION PREFERENCES) WILL BE VIEWABLE BY OTHER USERS AND MAY ALSO BE VIEWABLE THROUGH PUBLIC SEARCH OR ON THIRD-PARTY SITES THAT YOU USE, SO PLEASE USE DISCRETION AND CAUTION WHEN POSTING ANY INFORMATION AND WHEN USING THE SERVICES TO CONNECT, COMMUNICATE OR COLLABORATE WITH OTHERS. We do not control who will see the information you post or what they might do with that information or any messages you send. We also do not control what messages other Users might send to you in response to anything you have posted. You are solely responsible for all content you make available through the Opportunities or Collaboration features or other Services (including, but not limited to, any job descriptions, trademarks, images and other information), and you agree to follow all applicable laws and regulations in connection with any Opportunities or Collaboration Availability, or other User Content or communications, you post, respond to or engage in. YOU ARE ALSO SOLELY RESPONSIBLE FOR DECIDING WHETHER TO COMMUNICATE, COLLABORATE OR ENGAGE WITH ANY OTHER USERS, AND YOU ASSUME ALL RISKS RELATED TO DOING SO. Also, remember, you must abide by our Community Guidelines when using the Services or any of its features. Users have the right to report other users should they fail to do so.
    We reserve the right to disable, limit or delete your account or remove some or all of your User Content if we believe that you have violated this Agreement (which includes the Community Guidelines) or if we believe that you have misused the Services in any way or if we believe your use of the Services could harm our brand, the value of the Services or other Users’ enjoyment of the Services. In addition to your other obligations under this Agreement, you agree that you will not, and you will not assist or authorize any other party to, do any of the following in connection with the Services:
    • Copy, scrape, publish or otherwise reproduce content from another party’s website, or post content pertaining to another party, without that party’s prior authorization;
    • Post or send any misleading, deceptive, harassing, defamatory, objectionable, infringing or unlawful content, or use the Services to engage or attempt to engage in any misleading, deceptive, harassing, defamatory, objectionable, infringing or unlawful activity;
    • Share or otherwise use another User’s information without that User’s express permission;
    • Use our Services to contact a User who has posted an Opportunity or Collaboration Availability for any purposes other than those legitimately related to the particular Opportunity or Collaboration Availability;
    • Except as expressly authorized by us, use any automated process to access, copy, modify, or acquire any content on Polwork;
    • Post any content that contains malware, spyware or other malicious code, or that otherwise interferes with the operation of the Services or any device or system (of Polywork or any other party);
    • Breach or circumvent, or attempt to breach or circumvent, any security measure of Polywork or any other party;
    You agree that we may share your User Content and any information about your account with law enforcement authorities investigating any illegal activity related to your use of our Services, or in response to a subpoena or other legal process.
    1. Reserved Usernames
      A username may be created by a registered User on Polywork subject to availability and any technical and other limitations set by Polywork. You agree not to create or use a username that infringes or violates the rights of Polywork or any third party. Polywork reserves the right to disallow the use of a username in its sole discretion, and may, in its sole discretion, reserve certain usernames and not permit them to be used by some or all Users. Such reserved usernames may be set aside by us for any reason or no reason at all.
    2. Change of a Username by Polywork
      Polywork reserves the right to change, disable or delete any already-claimed or in-use username in its sole discretion. In such cases, Polywork will (subject to the terms of this Agreement) make a reasonable effort to provide the User with an opportunity to create an alternative username. Without limiting the foregoing, you agree that we reserve the right to change, disable or delete your username, without notice, if a third party claims that your username or your use of our Services infringes or violates the rights (including, but not limited to, intellectual property rights) of a third party.
    3. Verified Profiles cannot change their Username
      Verified profiles will not be able to change their Profile Name. For any exceptions to this rule, the profile owner must reach out to support@polywork.com to review their request.
    4. Registering or Connecting a Domain Name
      1. Registration through our Services
        If you register a domain name through our Services (which includes any purchase of a domain name from a third-party other than Tucows), we will use reasonable efforts to submit your request for a domain name to and through our third-party registrar, Tucows. Upon any successful registration of a domain name, you will be the “registrant” (sometimes referred to as the domain holder or domain owner) for the domain name, which means, among other things, you will be solely responsible and liable for the domain name and how it is used. If you register a domain name through our Services, we may list our company as your billing contact for the domain name. Subject to your payment of all fees owed to us for the domain name and any renewals, we will, during the term of this Agreement, make payment to Tucows to maintain your domain name registration. You acknowledge and agree that a domain name you register through us can and will only point to a website you have set up through our Services (whether a free website or a monthly or annual subscription website). If you wish to use any such domain name for another purpose, or if you no longer maintain a website through our Services, you will be required to establish an individual retail account directly with Tucows or another accredited registrar for continued support of the domain name, and those providers might charge you additional fees for such services.
      2. Pointing to Your User Content; Contacts
        We may also permit you to point your domain name to, or otherwise associate your domain name with, your User Content on our Services, regardless of whether you use our Services to register your domain name (“Your Domain Name”). We may permit you to list us as one of your domain name contacts other than the billing contact in the domain name registration record (e.g., administrative contact or technical contact) to allow us to perform certain functions on your behalf in connection with the domain name. You agree to respond promptly to all email communications we send to you concerning Your Domain Name. You agree that we are authorized to take any action, and we shall not be liable to you or any other person for any action we take, that we deem reasonably necessary or appropriate as a contact for Your Domain Name.
      3. Representations, Use and Disputes
        You represent and warrant that you have all rights and permissions necessary to register and use Your Domain Name and that Your Domain Name does not and will not infringe the Intellectual Property Rights or other rights of the Company or any other person or entity (whether alone or in combination with your User Content). You agree that we have the right, in our sole discretion, to (i) remove our information and cease acting as a contact for Your Domain Name, and (ii) to deactivate, suspend or remove any and all content and block Your Domain Name from pointing to or accessing any content on our Services, if we believe, or if we receive any notification from any person or entity alleging, that your User Content or Your Domain Name infringe any Intellectual Property Rights or other rights or violate any applicable laws or our Community Guidelines. You acknowledge that you will not receive a refund of any fees paid or owed in connection with any such action on our part, and all fees will continue to accrue and be charged to your Payment Method until this Agreement is terminated as provided in this Agreement. If Your Domain Name is subject to any dispute or claim by a third-party, you agree that we may provide information about Your Domain Name and the registration record to third-parties associated with the dispute or claim, including but not limited to the claimant, ICANN and any dispute tribunal, arbitrator or government agency. You agree we are not responsible for taking any action on your behalf in connection with any dispute or claim. You agree not to use any automated processes or scripts in connection with our Services or any Third-Party Services.
      4. Registrar and Related Parties
        You acknowledge and agree that we do not control the domain name registrar or registry associated with Your Domain Name, and we shall have no liability to you or anyone else for any act or omission by any registrar or registry, including but not limited to mistakes by any of them or decisions by any of them to suspend or terminate Your Domain Name or related services. Please take a moment to review ICANN’s Registrants Education Materials at: https://www.icann.org/resources/pages/educational-2012-02-25-en and ICANN’s Registrant Rights and Benefits page at: https://www.icann.org/resources/pages/benefits-2013-09-16-en, as well as all Registrant-related terms, conditions and policies of the specific top-level domain registry for Your Domain Name (available on the top-level domain registry’s website). You agree that the top-level domain registry terms, conditions and policies applicable to registrants apply to Your Domain Name. You acknowledge and agree that our third-party registrar, Tucows, may contact you directly by email concerning new or changed policies or codes of practice.
    5. Website Builder
      You acknowledge and agree that our website builder Services use template images, structures and formats that are used by other Users of our Services. Consequently, any website you build (“Your Website”) may look the same as or similar to the websites built by other Users of our Services (with the exception of your User Content). You acknowledge and agree that Your Website will consist of your User Content and our Company Content (as defined below). You acknowledge and agree that all of your obligations, and all rights you’ve granted, under this Agreement pertaining to your User Content apply to Your Website. You authorize us to provision and maintain an SSL certificate for Your Website. You are not authorized to, and you agree you will not, use Your Website or any of our Services to conduct business or conclude transactions, including, without limitation, selling or providing any products or services (collectively, “Transactions”), with other Users. All Transactions in which you engage must be handled separately by you outside of our Services.
    6. Online Bio
      We may provide you with sample information and descriptions (“Sample Descriptions”) to help you get started with creating your personalized online biography. Sample Descriptions provided to you may be the same as or similar to the Sample Descriptions we provide to other Users. The Sample Descriptions may not be accurate or appropriate descriptions of you or your bio. You agree to review all Sample Descriptions carefully and make all changes necessary to ensure the information you use for your online bio is accurate and appropriate. You agree that we are not responsible or liable for any information you include in your online bio (or anywhere else in our Services), including information that is inaccurate or inappropriate.
  3. Our Proprietary Rights
    Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, data, images, text, graphics, illustrations, reputational indicators, status indicators, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (collectively, the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors (including other Users who post User Content to the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, reverse engineer, decompile, disassemble, attempt to derive the source code from, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Without limiting the foregoing, you agree not to remove, obscure or alter in any way any Company or Third-Party trademarks, copyright notices, patent or patent application information, or other intellectual property related information included by us in or on any of our Services. You agree we have the absolute right to control and prohibit your use of or reference to our trademarks, and, upon our request, you agree to immediately discontinue any use or display of our trademarks.
    You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company does not waive any rights to use similar or related ideas previously known to Company, or developed by its employees, or obtained from sources other than you.
    You acknowledge that you do not own the User Account you use to access the Services, nor do you possess any rights of access or rights to data stored by or on behalf of Company on Company servers, including without limitation any data representing or embodying any Company Content. You agree that Company has the absolute right to manage, regulate, control, modify and/or eliminate Company Content as it sees fit in its sole discretion, in any general or specific case, and that Company will have no liability to you based on its exercise of such right. All data on Company’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DATA, USER ACCOUNT HISTORY AND USER ACCOUNT CONTENT RESIDING ON COMPANY’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN COMPANY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
  4. No Professional Advice
    If the Services provide professional information (for example, medical, legal, or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Services. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
  5. Privacy
    We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate and/or anonymized data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
  6. Security
    Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
  7. DMCA Notice
    Since we respect artist and content owner rights, it is Company’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
    1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
      2.
    2. Identification of the copyrighted work that you claim has been infringed;
      3.
    3. Identification of the material that is claimed to be infringing and where it is located on the Services;
      4.
    4. Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address;
      5.
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
      6.
    6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
      7.
    The above information must be submitted to the following DMCA Agent:
    Attn: DMCA Notice
    Kalo Industries Inc dba Polywork
    Address: 45 Rockefeller Plaza
    20th Floor, New York, NY 10111
    Email: legal@polywork.com
    UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
    Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
    In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Services and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
  8. Third-Party Links and Information
    The Services may contain links to third-party materials that are not owned or controlled by Company. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Services or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that the Company’s Privacy Policy does not apply to your use of such sites. YOU EXPRESSLY RELIEVE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, SERVICE, OR CONTENT, INCLUDING WITHOUT LIMITATION USER CONTENT SUBMITTED BY OTHER USERS. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
  9. Indemnity
    To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) (collectively, “Losses”) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your actual or alleged violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your actual or alleged violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation actual or alleged misleading, false, or inaccurate information; (vi) your actual or alleged willful misconduct; or (vii) any other party’s access and use of the Services with your unique username, password or other appropriate security code. The foregoing does not apply to Losses resulting directly from our gross negligence or willful misconduct.
  10. No Warranty
    THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
    FURTHER, COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
    FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
  11. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO, AND SHALL HAVE NO, LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT, IN THE AGGREGATE, EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER.
    THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY WHERE THE LIABILITY RESULTS DIRECTLY FROM COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
    YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR CAUSE OF ACTION BY YOU OR ON YOUR BEHALF ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION INITIALLY AROSE OR SUCH CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
    You acknowledge and agree that the limitations contained in this Section are an essential element of this Agreement and absent such limitations, Polywork would not enter into this Agreement or provide Services hereunder.
  12. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
    1. Governing Law
      You agree that: (i) the Services shall be deemed solely based in New York; and (ii) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York County, New York is the proper forum for any appeals of an arbitration award. IN THE EVENT THE ARBITRATION PROVISION BELOW IS FOUND TO BE UNENFORCEABLE, YOU AGREE THAT THE EXCLUSIVE VENUE FOR THE RESOLUTION OF ALL DISPUTES ARISING UNDER OR RELATING TO THIS AGREEMENT SHALL BE THE FEDERAL AND STATE COURTS OF NEW YORK COUNTY, NEW YORK, AND YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THOSE COURTS FOR THE RESOLUTION OF ALL SUCH DISPUTES (EACH A “COURT OF INITIAL PROCEEDING”). Notwithstanding the foregoing sentence, either party may resort to a court of competent jurisdiction to enforce the judgment from a Court of Initial Proceeding.
    2. Arbitration
      READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. For any dispute with Company, you agree to first contact us at legal@polywork.com and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York County, New York, unless you and Company agree otherwise. If you are an individual using the Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
    3. Class Action/Jury Trial Waiver
      WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
  13. Additional Terms for Mobile Applications
    1. Mobile Applications
      We may make available software to access the Services via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Company does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Company hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Company User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Company may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Company or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Company reserves all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Services and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Services.
    2. Mobile Applications from Apple App Store
      The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Company, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Company as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Company as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.
  14. General
    1. Assignment
      This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
    2. Notification Procedures and Changes to the Agreement
      Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Company in our sole discretion. Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in its sole discretion, modify or update this Agreement from time to time, and so you should visit our website and review the most current version of this Agreement periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this Agreement and notify you that material changes have been made to the Agreement. Your continued use of the Services after any such change constitutes your acceptance of the updated Agreement. If you do not agree to future updates to the Agreement, do not use the Services after the effective date of such updated Agreement. You agree that your sole remedy in the event you do not agree to an updated version of this Agreement is to cease using the Services and terminate this Agreement.
    3. Entire Agreement/Severability
      This Agreement, together with any amendments and any additional agreements or terms you may enter into with Company in connection with the Services, shall constitute the entire agreement between you and Company concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
    4. No Waiver
      No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
    5. No Third Party Beneficiaries
      Except for your obligations to persons or entities associated with us (e.g., our affiliates, subcontractors, vendors, Third Parties, etc.) as expressly provided in this Agreement, this Agreement is intended solely for the benefit of the parties hereto and their respective permitted successors and assigns, and is not for the benefit of, nor may any provision be enforced by, any other person or entity.
    6. Contact
      Please contact us at legal@polywork.com with any questions regarding this Agreement.
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