Terms & Conditions

Effective Date: July 15, 2024

Thank you for visiting (https://connect-and-thrive.com/) (“Site”; “Website”). This Website operated by Connect & Thrive (“CAT”, “We”, “Our”, “Us”) is an online crowdfunding platform which helps cancer patients (“Clients”) create individual fundraising campaigns (“Service”; “Fundraising Service”). These individual fundraising campaigns (“KittyFundTM”) raise funds which may be used by Clients to pay for health informational services (“Provider Services”) and products offered by CAT’S Product Partners through CAT’s online website https://connect-and-thrive.com/marketplace (“CAT’s Marketplace”).

CAT maintains this website as a service to its visitors, its clients, and donors who provide donations to Client’s KittyFund™. (visitors, clients, patients, and donors are collectively referred to as, the “Users” and individually as “User”).

This Terms & Conditions Agreement (the “Terms”) is a legally binding agreement between each User and CAT regarding User’s access to and use of the Website and any use by User of the Fundraising Service. These Terms are structured to facilitate User’s access and understanding of the terms relevant to User’s specific use of the Site. Please read these Terms carefully.

By accessing the Site or Service, User acknowledges and agrees to be bound by these Terms. These Terms apply to the Service generally and are subject to any other agreement between User and CAT and such terms of use, legal notices or disclaimers applicable to specific portions of the Service accessed by User. There are no other parties to this agreement.

The Site and Service are intended for use by individuals 18 years of age or older and do not seek information from any person under the age of 18. By accessing the Site and Service, User acknowledges and warrants that User has the authority and is of legal age to be bound by this agreement. If User is under 18, User may use the Site and Service only with the prior permission of a parent or legal guardian who has read these Terms and agrees to be bound by them.

The Service is not directed to persons who have access to the Site and Service via the Internet from locations outside the United States. CAT does not represent that any of the content on the Site or Service is appropriate for use or permitted by local laws in all jurisdictions. Use of the Site and Service is not permitted where prohibited by law. By accessing our Site or Service, User acknowledges and warrants that use of the Site and Service is lawful and not prohibited by law. User acknowledges and warrants that User is not located in a region that is subject to U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region. User further acknowledges and warrants that User is not listed on any U.S. Government list of prohibited or restricted parties. If User is prohibited from accessing websites, such as our Site and Service, from User’s location, User should not access the Site and Service, and CAT takes no responsibility for such prohibited access. 

Termination of Service

We reserve the right at our sole discretion to immediately deny access to our Site and Service for anyone who materially breaches any provisions of these Terms and/or our Terms of Use. User acknowledges and agrees that We may, without prior notice, immediately terminate, or limit User’s access to our Site and Service, or suspend User’s access based on any of the following: (a) a breach of these Terms; (b) upon request of law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which We believe is harmful to CAT, its Sites, or Services. User acknowledges and agrees that termination, limitation of access and/or suspension will be made in Our sole discretion and that We shall not be liable to User or any third party for the termination, limitation of access and/or suspension of your account. 

If User disagrees with any part of these Terms, then User may not use Our Website or access Our Service.

Access to the Website

User may access portions of the Site without registering. However, in order to use the Service available on the Site to set up a KittyFund™ to receive and access donations in a KittyFund™. User will be required to register and sign into the Site. Registered Users of the Fundraising Service are Clients as defined above.

Modifications to Terms

We may, in Our sole discretion, change the terms of this agreement at any time and for any reason. We will post notice of such changes by posting an “updated” date of these Terms. If User does not agree to these changes, User’s only recourse will be to cease using Our Site and Service. User’s continued use of Our Site or Service after the notice has been posted, will serve as User’s agreement to the new Terms as modified. We shall not be liable to User or any third party for exercising Our right to modify these Terms. Check Our Terms Policy regularly to note the most updated terms and conditions.

Corrections

We retain the right to modify Our Service, correct any errors, inaccuracies, or omissions made on the Site at any time and without prior notice. 

Term

The term of this agreement begins when User accesses Our Site or signs up to use Our Service and will continue for as long as User accesses or uses Our Site or Service.

Acknowledgment of Ownership

User acknowledges that Connect & Thrive, its licensors, and content and service providers own all rights, title, and interest including without limitation all Intellectual Property Rights (as set forth below), regarding the use of Our Site and/or Service. “Intellectual Property Rights” means all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law and all other proprietary rights, and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. User agrees to not remove, obscure, or alter Our copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or through the use of Our Sites and/or Services.

*Copyright: User agrees that Our Site as well as all content included in Our Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, contain proprietary information, and material that is the property of Us or Our content supplies and are protected by national and international copyright laws. The compilation of all content on the Site is the exclusive property of Connect & Thrive, with copyright authorship for this collection by Connect & Thrive and is protected by U.S. and international copyright laws.

*Trademark: Connect & Thive’s trademarks and trade dress may not be used in connection with any product or service that is not Ours, in any manner that is likely to cause confusion, among customers, or in any manner that disparages or discredits Our company or Services. You may not use Our name or logo, or other proprietary graphic or trademark without express written permission.

All other trademarks not owned by us or Our subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us or Our subsidiaries.

Nothing contained in Our Service and/or Site should be construed as granting User any license or right to use any trademark without prior written permission from Us.

*Patents, trade secrets and other proprietary business information: The manner in which Our Service and/or Site works, any related patents, trade secrets or other proprietary business information are the intellectual property of Connect & Thrive. Nothing contained in the Service and/or Site should be construed as granting User any license or right to use any patents, trade secrets, or other proprietary business information without the prior written permission of Connect & Thrive.

All intellectual property rights not expressly granted are reserved and protected by infringement by state and federal laws, and international legislation and treaties.

Limitation of Use

We hereby grant User a limited, revocable, non-exclusive, non-transferable license to use Our Service and Site. The use of Our Site and Service is for your personal use during the term of this agreement. User acknowledges that We retain all rights relating to the Site and Our Service not expressly granted herein. User will not or permit anyone else to:

* access the Site and/or Service if under the age of 18 years;

*share User login information with other users or entities;

*reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Site or Service;

*copy, reproduce, modify, translate, or create derivative works based on the Site or Service;

*rent, lease, distribute, sell, resell, assign, or otherwise transfer rights to the Site or Service; 

*use or launch any automated system, including without limitation robots, spiders, or offline readers, to access the Site or Service or any information therein;

*use the Site or Service to transmit any malware, Trojan horses, worms or viruses or any other destructive or malicious code;

*access another User’s account, circumvent standard access to Our Site or Service, or attempt to gain unauthorized access to Our Site or Service;

*use the Site or Service for the benefit of a competitor or intentionally harm or discredit Us or Our Service; or

*take any action that imposes or may impose an unreasonable or disproportionately large load on Our infrastructure.

Prohibited Use

User may not use Our Site or Service for any unlawful, fraudulent, unauthorized, or malicious purposes. In connection with your use of Our Site or Service User acknowledges and agrees that the following is expressly prohibited:

*accessing Our Site if you are under 18 years of age;

*entering data that violates the legal rights of others;

*entering data that is explicit, defamatory, obscene, racially, or ethnically offensive;

*sending altered or deceptive information or misrepresenting yourself, including “spoofing” or “phishing”;

*infringing the intellectual property right of others;

*violating any applicable law or regulation (including without limitation laws related to torts, contracts, export controls, patents, trademarks, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage others to do so; and

*violating any terms and conditions of this agreement.

If User engages in any prohibited activity under this agreement, We may in Our sole discretion, in addition to any rights of law or equity, suspend or terminate User’s use of the Site or Service without notice or liability and remove all or part of your data from the Site or Service.

User’s Privacy and Protection

To the extent necessary and for the purpose of providing Our Service to User, We may collect private or sensitive information from User. Our use and protection of this information is covered by Our Privacy Policy which includes precautions designed to protect this information including encryption, limited and secure user authentication, security monitoring, notification and prosecution of any breach. Our Privacy Policy will be treated as part of these Terms. Please review Our PRIVACY POLICY at https://connect-and-thrive.com/privacypolicy which governs your submission of personal information through Our Site and Service to understand Our practices. 

Username and Password Responsibility

If User uses the Site and creates an account to access Our Service, User may be asked to provide personally identifiable information such as your name, location, or Email address. (“Personal Information”). If User creates an account, User agrees to provide truthful and complete information and to maintain the accuracy of the information associated with User’s registration throughout the term of the agreement. User further warrants that User is over 18 years of age and has the authority to enter into this agreement.

User is responsible for maintaining the confidentiality of User’s account and password. User is responsible for all use of User’s account and for ensuring that access to and use of the account complies fully with these Terms. If User suspects their password has been compromised, User will need to promptly change it and notify Us if possible unauthorized access has occurred on User’s account. Notwithstanding any notification User provides to Us, User agrees to take responsibility for all actions taken under User’s account or password by User and any third parties including any abuse or unauthorized use. 

We reserve the right in Our sole discretion to refuse Service, terminate accounts, and remove or edit content if there is a reasonable belief that the accuracy or security of User’s account has been compromised.

Creating a KittyFund™ :

Upon registration to use Our Fundraising Service, We hereby grant Client a limited, revocable, non-exclusive, non-transferable license to use Our Service including online resources and tools provided by CAT to create a KittyFund™  for the purpose of raising donations for a Patient solely in accordance with these Terms. A Patient is the individual who is the intended beneficiary of the KittyFund™  fundraising.

CAT’S Responsibilities:

Client hereby authorizes CAT to provide as an agent on Client’s behalf, and CAT hereby acknowledges and agrees in accordance with these Terms that:

• CAT will provide Client with the technology, resources, and tools to create an online KittyFund™
• CAT will receive and process online monetary Donations to the Client’s KittyFund™  through the Service. 
• CAT will securely hold the Donations for Patient in an individual KittyFund™  account.
• CAT will remit the funds in the Client’s KittyFund™  account as directed by Patient to Providers or Product Partners linked through CAT’s Marketplace.
• CAT will comply with the terms of Our Privacy Policy.

Client Responsibilities:

As a registered User of Our Service, Client acknowledges and agrees that: 

• Client is 18 years of age or the age of majority in Client’s jurisdiction and has the authority to access the Service and be bound by this agreement.
• Client will provide true, accurate and complete information including in regard to Client identity, Patient identity and the purpose of the KittyFund™  which is not likely to deceive other Users or Donors.
• Client will provide updated information as relevant to keep the information in their account true and accurate.
• Client is solely liable and responsible for all actions taken via your Client account.
• Donations to the KittyFund™ may only be used toward payment for Provider Services or for payment of product purchases offered through CAT’s Product Partners linked through CAT’s Marketplace, and Client will ensure that the Donations are used in proper accordance. Funds in the KittyFund™ may not be cashed out by Client or Patient for any reason except in the case of the death of the Patient, in which case funds shall be released to the Patient’s estate upon proof of death. 
• Patient’s use of their KittyFund™  to purchase a gift card for use on Our Product Partner’s website is non-refundable and purchased at Patient’s sole discretion and risk.
• Client will post a description on their KittyFund™ Platform to inform Donors that the KittyFund™ will only be used toward payment for Provider Services or Products offered through CAT’s Product Partners linked in CAT’s Marketplace.
• Client will not accept Donations that Client knows or suspects are erroneous, suspicious, or unlawful.
• Client will not offer, nor will Client allow Patient to offer, any goods or services in exchange for Donations through the Service.
• Client will not offer, nor will Client allow Patient to offer, any contest, competition, reward, give aways, raffles or similar activity through the Service.
• Client and/or Patient is solely responsible for any tax implications resulting from Donations received through the Service. Client, for themselves and on behalf of Patient, is solely responsible for assessing, collecting, reporting, or remitting the correct tax, if any, to the appropriate tax authorities. CAT will have no liability to Client or Patient for any claim by any federal, state, provincial, territorial, or any other tax authority with respect to the tax implications arising from Donations received by Client and Patient through the Service. Client should consult a tax consultant regarding the tax implications of any Donation received through the Service.
• CAT does not represent or warrant that Client’s KittyFund™ will meet Client’s or Patient’s expectations or a minimum fundraising goal.
• CAT does not solicit funds or engage in any solicitation activities. Client is solely responsible for solicitation activities and acquiring Donations on their own initiative. 
• CAT reserves the right in Our sole discretion to refuse, condition, or suspend Donations that We believe in Our sole discretion may violate these Terms or the interest of Users, the public, Us, or that may expose the Client, Us or others to risks unacceptable to Us. We shall not be liable to Client or any third party for exercising this right.

Donor Responsibilities:

A Donor is a User who contributes a monetary Donation to a Client through the Service. A Donor will be required to provide information regarding the Donor’s credit card or other means of payment that will enable Our Third Party Payment Processor to collect the Donation. Please see the Payment and Payment Processor sections of this agreement for more information on how the Donation will be processed. Donor acknowledges and agrees that:

• Donor will provide true, accurate, and complete information in regard to Donor’s identity and authority to use the applicable payment method. A third party may not use a Donor’s card information to enter a donation on behalf of Donor in violation of existing credit card usage agreements.
• Donor will not make a Donation that is erroneous, fraudulent, or unlawful.
• Donations made to a Client through the Service are categorized as a donation to a personal cause and not a charitable entity.
• Donations are made at Donor’s sole discretion and risk based on Donor’s independent evaluation and determination of the personal cause. All such Donations are non-refundable by CAT. 
• Donations via the Service must be made in U.S. dollars.
• Donations are limited by the available credit on Donor’s credit card or available account balance on Donor’s debit card or bank account. Donor is solely responsible for any finance charges, overdraft fees, or any additional or related fees imposed by Donor’s bank or card issuer if the Donation exceeds Donor’s available credit or account balance.
• CAT may establish or revise limits on the amount of money Donor can donate through the Service. Some of the limits may be required by law.
• CAT reserves the right in Our sole discretion to suspend or terminate the Service to Donor without notice and without cause. Without limiting the foregoing, We may suspend or terminate the service upon card expiration, insufficient funds, frozen accounts, rejection of a donation, violation of these Terms and/or Our Terms of Use, or if a legal order directs Us to terminate or suspend the Service to Donor. Such rights are in addition to and not in lieu of any legal rights or remedies available to Us.
• CAT may contact law enforcement, banks, credit or debit card issuers and third party payment processors, if Donor does not comply with Our Terms, or Donor’s behavior suggests fraudulent or unlawful use of funds.
• CAT makes no representation or warranty as to whether all or any Donation is tax-deductible, including any transaction fees, are tax deductible or eligible for tax credits. CAT will have no liability for any claim by any federal, state, provincial, territorial, or any other tax authority with respect to the characterization on any applicable tax return of any Donation by Donor.
• Donor is solely responsible for any tax reporting and characterization of any Donation to a Client through the Service. Donor should consult a tax consultant regarding the tax implications of any Donation made through the Service.

Payment

CAT provides the Service free to Clients. CAT does not charge a platform fee for Donations made through the Service, but a Donor may leave a tip for CAT to support Our work. Each Donation is subject to Our Third Party Payment Processer, Stripe’s terms of use including a 2.9% plus $0.30 transaction fee for credit card processing.

Third Party Payment Processor – Stripe, Inc.

CAT uses Stripe, Inc. to collect and process Donations. By providing a Donation through the Service, Donor agrees to be bound by Stripe’s Terms of Service and consents to Our sharing of Donor’s information as necessary to enable Stripe to process payment. Stripe’s Terms of Service is available at https://stripe.com/legal/ssa and the information provided as necessary for processing will be governed by Stripe’s Privacy Policy available at https://stripe.com/privacy. It is Donor’s responsibility to review these policies before donating through the Service and agreeing to them.

Donor further acknowledges and agrees that We do not control the technology or actions of Stripe, Inc. Stripe Inc. is a Third Party Provider as defined by these Terms.

Third Party Providers

We use third parties to sell, deploy, configure and/or support Our Site and Service. By using Our Site and Service, User consents to Our sharing User’s information as necessary to enable third parties’ activities. Third party providers are subject to a separate privacy policy and terms of use. By using Our Site and Service, you indicate that you have reviewed the privacy policies and terms of use of Our third-party service providers and agree to both.

User further acknowledges and agrees that We do not and cannot control any third party service provider’s technology or actions and are not responsible for any failure to load the Sites, cessation or interruption of the Services, compatibility with the Services, or any disclosure, modification, or deletion of User’s data arising from any exchange of User’s data that may occur between Us or other third party providers as part of User’s use of the Sites or Services.

Your Content

User may as part of User’s use of the Service post information to share with other users (“Your Content”) or Providers. User is the owner of Your Content. However, User grants to Us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content as part of the Service. 

*No Infringement: (a) User warrants that Your Content is an original work, or that User has obtained any and all licenses, assignments or consents necessary, including content, images, logos or other designs; (b) User warrants that no part of Your Content infringes upon or violates the rights of any person or entity, including, without limitation, any copyrights, trademarks or rights of privacy or publicity; and (c) User warrants that for any use of Your Content, User has not received any claim, or is not otherwise aware of any infringement or misappropriation of rights of any other person or entity regarding any content, logos or other designs.

User Content

User acknowledges and agrees that all Content, including that available via the Service, is the sole responsibility of the party from whom such Content originated. This means, User, and not Us, is entirely responsible for the Content that User uploads, posts, Emails, transmits, or otherwise makes available through the Service, and that User and other users of the Service and not Us, are similarly responsible for all the Content that User and they upload, post, Email, transmit, or otherwise make available through the Service (“User Content”).

We have no obligation to review or monitor User Content. We do not approve, endorse, or make any representations or warranties with respect to User Content. Your use of User Content is entirely at your own discretion and risk. However, We retain the right to review, monitor, refuse, and remove any User Content which includes Your Content, at Our sole discretion and without prior notice including whether the Content violates these Terms or any applicable law.

Unless noted in Our Privacy Policy, We have no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Service.

External Websites and Links

The inclusion of a link to any other websites or resources is for User’s convenience only. We have no control over the content of these outside websites and make no representation as to the accuracy, quality, suitability, functionality, or legality of these websites. User’s use of these websites is entirely at User’s own discretion and risk. External Websites are subject to their own separate, specific terms and conditions of use and privacy policies. User acknowledges and agrees that We will not be held liable for any losses, damages, or claims arising from User’s use of these outside websites.

Warranties and Disclaimers

We proudly strive to provide a Site that is useful and as accurate as possible. However, We make no representation, warranty, or condition that the Site or Service will meet User’s requirements or that the content of this Site is accurate, complete, reliable, current, or error-free. By using Our Site and Service, User implicitly acknowledges and agrees to the following disclaimers.

If User finds the Site or Service is not meeting User’s requirements, User’s sole and exclusive remedy is to stop using Our Site and Service. 

No advice or information, whether oral or written, obtained from User’s use of the Site or Service will create a warranty not expressly made herein.

Warranties: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

OUR SITES ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, USER’S USE OF OUR SITE/AND OR SERVICE IS AT USER’S SOLE RISK. 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. 

WE ASSUME NO RESPONSIBILITY FOR (A) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR MATERIALS OR THE CORRECTION THEREOF, (B) PERSONAL INJURY OR ANY OTHER DAMAGE OCCURRING FROM YOUR USE OF OUR SITE, SERVICE, OR PRODUCTS REFERENCED BY THE SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVICES AND/OR ANY AND ALL PERSONAL/FINANCIAL INFORMATION STORED THEREIN, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED THROUGH OR TO THE SERVICE BY A THIRD PARTY, € ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. IF YOU FIND OUR SITE/AND OR SERVICE ARE NOT AS DESCRIBED YOUR SOLE REMEDY IS TO CEASE USE.

WE WILL USE BEST EFFORTS TO ENSURE OUR SITE AND SERVICE ARE DELIVERED AS EXPECTED. HOWEVER, WE WILL NOT BE LIABLE FOR ANY DELAYS OR FAILURE IN DELIVERY OR PERFORMANCE OF ANY PART OF OUR SITE OR SERVICE, FROM ANY CAUSE BEYOND OUR CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, SUPPLY ISSUES, PANDEMICS, CHANGES TO LAWS OR REGULATIONS, LOSS OF POWER, ACTS OF HACKERS OR THIRD PARTY INTERNET SERVICE PROVIDERS.

WE DO NOT WARRANT THAT OUR SITE, OUR SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH USER’S USE OF OUR SITE OR SERVICE IS ACCESSED AT USER’S OWN RISK AND USER SHALL BE SOLEY RESPONSIBLE FOR ANY DAMAGE TO USER OR USER’S PROPERTY INCLUDING, BUT NOT LIMITED TO USER’S MOBILE PHONE, COMPUTER SYSTEM, OR ANY DEVICE USED TO ACCESS THE SERVICE, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR ACCESSING SUCH CONTENT.

USER ACKNOWLEDGES AND AGREES THAT WE ARE NOT LIABLE, AND USER AGREES TO NOT HOLD US LIABLE FOR THE CONDUCT OF THIRD PARTIES INCLUDING THE OPERATORS OF EXTERNAL WEBSITES, THIRD PARTY SERVICE PROVIDERS, OR OTHER USERS OF THE SITE OR SERVICE.

Limitation Of Liability 

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE AND/OR SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

USER AGREES NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

User agrees to defend, indemnify, protect, and hold Us harmless, including Our subsidiaries, affiliates, and all Our respective officers, agents, partners, and employees from and against any and all losses, damages, liabilities, claims, demands, costs, investigations, judgments, fines, penalties, settlements, interest and expenses including reasonable investigators’, attorneys’, and consultants’ fees made by any third party caused by, relating to, arising out of or in connection with, or due to:

• User’s use of Our Site and/or Service;
• User’s breach or alleged breach of these Terms and Conditions;
• any breach or alleged breach of your representations and warranties set forth in these Terms and Conditions;
• User’s violation or alleged violation of any laws or regulations;
• User’s violation or alleged violation of the rights of a third party, including but not limited to intellectual property rights;
• any overt harmful act toward any other user of the app with whom you connected while using the Site and/or Service.

Notwithstanding the foregoing, We reserve the right, at User’s expense, to assume the exclusive defense and control of any matter for which User is required to indemnify Us, and User agrees to fully cooperate, at User’s expense, with Our defense of such claims. User agrees that the provisions in this section will survive the termination of User’s account, the agreement, or access to Our Service. We will use reasonable efforts to notify User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Electronic Communications

By using our Service, User consents to receiving electronic communications from Us. These communications may include without limitation invoices, reports of security violations, changes to fees, termination or suspension of Services, and other information regarding Our Service or its third party partners. User may also send electronic communication to Us using the Email address specified in this agreement.

Both parties further agree that any notices, agreements, disclosures or other communications that either party sends electronically will satisfy any legal communication requirements including that such communications be in writing provided that any communication to User is sent to the Email address provided when you signed up for your account and that any communication sent to Us is sent to the Email address specified in this agreement.

Jurisdiction

This contract shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts. User consents and agrees, without regard to principles of conflict of laws, all legal proceedings relating to the subject matter of this agreement shall be adjudicated within the state courts or U.S. federal court located within the Commonwealth of Massachusetts and that jurisdiction and venue shall be exclusively within these courts.

Entire Agreement

This agreement, together with policies incorporated, represents the entire agreement of the parties concerning the subject matter thereof and is intended to be the final expression of the parties’ agreement and intent. This agreement supersedes all prior and contemporaneous agreements whether written or oral. The parties agree that any terms or conditions stated or referenced to in other documents that contradict this agreement are null and void.

Severability

If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be modified by the court and interpreted to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions shall remain in effect. The parties expressly agree that this agreement shall not be construed against either party as the drafter of the agreement.

Contact Information

Please contact Us with any inquiries regarding Our policies.

By Email at: [email protected]

By mail at: 105 Pleasant Street, #3, Arlington, MA  02476