UrMuv Inc. Terms of Service

 

Effective September 10 2016

 

A. About Us:

 

Please read these Terms of Service (“Terms”), as they are a legally binding agreement. The UrMuv Inc (“urMuv”, “us”, “we”, or “our”) offers a platform to help those who are moving to a new location or are simply looking for community information, find places to live that have easy access to work and cater to their lifestyle needs using the ‘urMuv’ mobile application (the “App”) and the other products and services offered by us (together with the App, Content (defined below), and products and services provided by us, the “Services”). By accessing or using the Services, you the end user of the Services (herein referred to as “User”, “you”, or “your”), expressly agree to be bound to and to abide by these Terms, our Privacy Policy, and any other policy we may develop from time to time (collectively, “Policies”), which create legal and enforceable obligations whether or not you register for a user account with us (a “Profile”), purchase a Subscription (defined below) or other Services, or transmit, copy, send, download, store, publish, receive, link, email, post, submit, or otherwise communicate (collectively referred to as “Post”): Location Data (defined below), Third Party Data (defined below), text, descriptions, links, sound, images, renderings, documents, messages, comments, photographs, graphics, video, audio, information, or any other material or input (collectively, “Content”) using the Services to us or other Users. If you do not agree to be bound to or to abide by these Terms and our other Policies, you cannot use the Services. URMUV IS FOR INFORMATIONAL PURPOSES ONLY.

 

BY ACCESSING, INSTALLING, RUNNING, OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS, CONDITIONS AND NOTICES CONTAINED IN THESE TERMS JUST AS IF YOU HAD SIGNED THESE TERMS.

 

B. Terms of Service:

 

1. Service Conditions. You cannot not use the Services unless: (a) you are at least 18 years of age, or (b) you are 13 years of age or older, obtain the consent of your parent or legal guardian to use the Services, and your parent or legal guardian agrees to be bound by these Terms and agrees to be responsible for your use of the Services on your behalf. By accessing the Services, you represent and warrant to us that: (i) either subsection (a) or (b) above is true; (ii) you have the right, authority and capacity to agree to, and abide by these Terms; and (iii) you shall not use any rights granted hereunder for any unlawful purpose.

 

2. License. Subject to these Terms and our Polices, we hereby grant you a personal, non-transferable, non-assignable, non-licensable, non-sublicensable, revocable, limited and temporary license to use and access the Services. Your license to use and access to the Services is ongoing and continues until the earlier of: the termination of your Subscription (defined below), Profile, or the termination, suspension, or restriction of your license or ability to use the Services by us, as determined by us.

 

3. Subscription and Profile. In the future urMuv Inc. may offer a fee service.

 

(a) Subscription. To access certain features of the Services, you may in the future need to purchase a Subscription to use our Services in exchange for a fee (a “Subscription”). In connection with a Subscription, you agree to pay us any and all applicable fees which are displayed on the Services or otherwise communicated to you by us, as determined by us. You agree that we may revise our fees and billing methods at any time and for any reason without notice to you.

 

(b) Renewal. You must manually opt-in to renew your Subscription. You agree that we may provide you with a reminder communication to do so prior to the expiration of your Subscription.

 

 

(d) To use certain aspects of the Services, you must create a Profile and receive a Profile username from us (a “userID”). In connection with the Services, you agree to provide true, accurate, current and complete information about yourself as prompted by our registration form, and to maintain and promptly update the information you provide to us in order to keep your information true, accurate, current and complete. Further, it is your obligation to maintain and control passwords to your Profile. YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES AND/OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You agree to immediately notify us of any unauthorized uses of your userID and password and/or any other breaches of security. There is no assumption by us of your responsibility to notify your local law enforcement agency of any identity theft. You agree we will not be liable for any loss or damages caused by your failure to comply with your security obligations.

 

(e) We reserve the right to allow Users to create a Profile by allowing the Services to access information from one or more of your existing Social Media Accounts such as Facebook, Linkedin, or Twitter, Instagram, or Google+ (“Social Media Accounts”). By granting us access to any Social Media Accounts, you understand that we will access, make available and store any Content that you have provided to and stored in your Social Media Accounts so that it is available on and through the Services and your Profile, subject to our Privacy Policy.

 

4. Payment; Refunds. Should urMuv Inc. offer a fee for service app in the future, the following terms would be applicable: You agree to pay us any and all applicable fees displayed on the Services or otherwise communicated to you by us, as determined by us. Further, you authorize us to charge your chosen payment method (credit card, debit card, et cetera) in connection with all fees incurred by you in the Services, as determined by us. In connection with any fees paid by you, you agree: (a) to only provide valid and current payment information; (b) that we may use the tools, software or services of our payment processors to process fees and transactions on our behalf; and (c) that you agree to promptly pay all amounts due upon demand. We are not responsible or liable for any activities or conduct of our payment processors, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of our payment processor. All fees shall be paid in US Dollars. You understand and agree that we do not offer any refunds of fees paid to us in connection with the Services for any reason.

 

5. Mobile Devices. If you are accessing the Services via the App which was downloaded from Apple, Inc.’s ‘App Store’ or Google, Inc.’s ‘Google Play’ store (collectively, “App Platforms”) you and urMuv acknowledge and agree that these Terms are entered into by and between you and urMuv, and that none of the App Platforms are party to these Terms. The App Platforms are not sponsor to, nor in any way affiliated with, any of urMuv or the Services. Subject to your compliance with these Terms and our Policies, the license granted hereunder allows you to install only one copy of the App on one mobile device or tablet which is owned or controlled by you (a “Device”). As part of the installation process of the App, you may be changing your Device settings. By installing the App, you agree you have approved such changes and you understand you can reconfigure such settings in the configuration options available in your Device. Such Device settings changes may include allowing software updates of the App once a new version is released and allowing the App access to Location Data (defined below). You understand and agree that use of the Services via your Device may result in data or other charges from your mobile communication service provider and you expressly release us from any and all liability relating to any such charges and/or your Device. To uninstall the App, you may use the standard uninstall procedures offered by your Device.

 

6. GPS Location Data Collection and Use. The App incorporates a location based service and GPS that uses and provides location information in relation to a User’s Device and use of the Services (“Location Data”). Location Data provided to urMuv or third parties or from urMuv or third parties is for basic location and coordination purposes related to the Services and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete data may lead to death, personal injury, property or environmental damage. We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of Location Data or any other Content displayed, collected by, or used by the App. BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, TRANSMISSION, POSTING, AND USE OF YOUR LOCATION DATA IN CONNECTION WITH THE SERVICES. YOUR USE OF THIS REAL TIME LOCATION DATA IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE. Please see our Privacy Policy for more information.

 

7. Content.

 

(a) By Us. All Content on the Services, or obtained from a Linked Site (defined below) are provided to you ‘AS IS’, ‘AS AVAILABLE’ and ‘WITH ALL FAULTS’. OUR SERVICES ARE NOT TO BE CONSTRUED AS LEGAL, REAL ESTATE AGENT, REAL ESTATE BROKER, ACCOUNTING, TAX, OR OTHER PROFESSIONAL ADVICE. OUR SERVICES ARE A RESOURCE AND FOR INFORMATION AND EDUCATIONAL PURPOSES ONLY. We are not attorneys, paralegals, real estate agents, real estate brokers, accountants, or tax specialists, or any other sort of licensed professional. As such, we expressly disclaim all liability related to the accuracy or reliability of any opinion, guidance, or Content Transmitted by us or available through our Services or reliance on any of the aforementioned. We will do our best to provide top-quality Services to you, however, the Content published through the Services may also include inaccuracies or typographical errors.

 

(b) Linked Sites and Third Party Data. The Services may link to websites or other mobile applications thereby allowing you to exit the Services to access third party material or by bringing third party material into the Services via ‘inverse’ hyperlinks and framing technology (a “Linked Site”). References any third-party products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier, or otherwise does not necessarily constitute or imply their endorsement, sponsorship or recommendation by us or by the third party. Links to Linked Sites provided for your convenience and these sites are operated maintained by other companies over which we exercise no control. The Services may display, use, or incorporate Content made available and/or compiled by Linked Sites (defined below) and/or Content made available and/or compiled by third parties which are not us, such asAmerican Hospital Directory, Inc. and others (collectively, “Third Party Data”). We have no discretion to alter, update, or control Third Party Data and such Third Party Data may contain typographical errors, untimely information, or otherwise inaccurate data. We expressly disclaim any responsibility for the Content, accuracy of Third Party Data and/or quality of the products or services provided by third parties or Linked Sites.

 

(c) Posted by You.

 

(i) As part of the registration, Users may create Profiles. Users can limit what Content is accessible using the Services (please see our Privacy Policy for more information). However, you agree that any and all Content you Post or otherwise make available on the Services may be viewable by other Users or otherwise publicly viewable outside of the Services. Therefore, we strongly advise you to use caution when Posting any Personal data (defined in our Privacy Policy). You are solely responsible for and retain all rights in the Content that you Post on, by, or through the Services or otherwise transmit to other Users. However, you also agree that by Posting Content anywhere within, on, or using the Services, you automatically grant to us an irrevocable, perpetual, non-exclusive, paid-up, royalty free license to use, copy, sell, and distribute such Content in any way and to prepare derivative or collaborative works of such Content of any kind, as well as authorize us to sublicense any of the aforementioned Content, each as determined by us. You further agree that we have the right to promote any Content through Social Media Accounts, as determined by us in our sole discretion.

 

(ii) You represent and warrant that: you own or otherwise possess all necessary rights with respect to the Content Posted by you; such Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party; and such Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.

 

(iii) You agree that we may but are not obligated to: filter any Posted Content including but not limited to, deleting or replacing expletives or other harmful or offensive language; refuse to display any Posted Content; remove Posted Content from the Services for any reason or no reason, as determined by us; and/or disclose any Posted Content and the circumstances surrounding the use thereof, to any third party for any reason or no reason, as determined by us. We are not responsible for, and will have no liability for, the removal or non-removal of any Posted Content from the Services.

 

(iv) You agree and understand that you may be held legally responsible for damages suffered by other Users or third parties as the result of your remarks, information, feedback or other Content Posted on the Services that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, we are not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other Content posted or made available on the Services. Further, you agree to indemnify, hold harmless, and defend us from any liability and/or damages relating to any Content Posted by you or by a third person using your Profile.

 

(d) Posted by Users or Others. If you find Content Posted by a User to be objectionable you may notify us by email to keith@urmuv.io however, you understand we have no obligation to remove any such Content reported by you, as noted above. Further, we do not endorse and are not responsible for (i) the Content provided by other Users, (ii) the accuracy or reliability of any opinion, advice, statement, or Content made through the Services, (iii) any Content provided on Linked Sites, or (iv) the capabilities or reliability of any items or service obtained from a Linked Site. There are risks involved with relying on information on the Services, and you expressly assume those risks when using the Services. Under no circumstance will we be liable for any loss or damage caused by your reliance on any Postings, Content, items, other information, or services obtained through the Services or a Linked Site.

 

8. Intellectual Property.                   

 

(a) Trademarks. URMUV, THE TRIPPIE GROUP, and THE TRIPPIE GROUP LLC and all other graphics, images, logos, page headers, button icons, scripts and service names that we use, manage or control are trademarks, registered trademarks or trade dress of urMuv or one or more of its affiliates in the United States or other countries or both. No one may use these trademarks and trade dress in connection with any product or service that is not our product or service without our express written permission. All other trademarks that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us or any of our affiliates.

 

(b) Copyright. Other than Content Posted by you and under license to us, we claim a copyright, and all copyright protection afforded, under international, United States and the Commonwealth of Virginia laws to all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software (ours or our software suppliers), and all other Content on the Services. The compilation of all Content on the Services is our exclusive property, and it is similarly protected. We also claim a copyright, and all copyright protection afforded, under international, United States and the Commonwealth of Virginia laws to all material described in subsection (a) above. Your access to all information and Content located on the Services is strictly permitted through the license to use and access the Services granted to you under these Terms. Except for the license granted in these Terms, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of urMuv Inc. and other third parties. Except as permitted by these Terms, you are prohibited from modifying, copying, distributing, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Services without our prior written permission, or in the case of third party materials, without first receiving permission from the owner of that Content. You may not alter or remove any trademark, copyright or other notice from copies of the Content.

 

(c) Infringement Claims. We respect the intellectual property rights of others. If you believe that the Content on the Services violate the Digital Millennium Copyright Act of 1998 (the “DMCA”) or are infringing upon another’s copyright, trademark or other intellectual property, you may send a written notice to our DMCA agent (“Designated Agent”) at keith.trippie@thetrippiegroup.com containing the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the Content that you claim is infringing is located or made available through the Services; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. If you believe that your Content has been removed or disabled by mistake or misidentification, you may file a written counter-notice with the Designated Agent, including the following information within 5 business days from your receipt of the notice of infringement: a physical or electronic signature of the owner or authorized user of Content; identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or access to it was disabled; a statement made under penalty of perjury that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content; and your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant or an agent of such person. UNDER US FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

 

9. Contests, Sweepstakes and Promotions

 

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service are governed by US and applicable State laws. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy.  

 

UrMuv Inc may offer Promotions to help grow market awareness.  To be qualified forpromotional giveaways entrants must be at least 18 years old and download and like the urMuv app.  No purchase is necessary to participate in the Promotions.  The Promotion is void where prohibited.  UrMuv Inc promotions can include gift cards, Amazon Echos, among other items as part of the giveaways.  UrMuv Inc will provide the giveaway item(s) to the winner based on a certain number of downloads, for example every 500th download.  Entrants who participate agree to allow urMuv Inc use information collected as part marketing purposes and described in this Terms of Use document and the urMuv Privacy document.  Entrants agree to allow urMuv Inc touse their name, image and or likeness as part of a promotion. 

 

No urMuv Inc employee or partner can qualify to receive the giveaway item(s).

 

10. Termination, Restriction and Suspension.

 

(a) Termination By You. You may cancel your Subscription by uninstalling the application from your mobile device.  You may also notify us in writing.   Upon cancelation of any future paid Subscription your license to use the Services and your access to certain features of the Services may be restricted, as determined by us. Termination of your Subscription a will be effective within a commercially reasonable time after we receive notification of your desire to cancel and any outstanding fees are paid to us. 

 

(b) By us. We retain the right to terminate, restrict, or suspend your Subscription, and/or license to use and access the Services at any time in our absolute and sole discretion, without prior notice, for any reason or no reason, including but not limited to for your breach or violation of these Terms or our Polices.

 

(c) After Termination. Upon termination of your Subscription, and/or license to use and access the Services for any reason, you agree that we may take any measures we deem necessary to prevent you from accessing the Services, including by blocking your IP address. You agree that after termination of your access to the Services, we are not obliged to retain or provide to you any Content or Personal Data (as defined in our Privacy Policy) which was collected by us, but we may elect to do so in our sole discretion.

 

10. Use Restrictions. You may not use or plan, encourage or help others to use the Services for any purpose or in any manner that is prohibited by these Terms or by applicable law. In using the Services, you agree at all times that you shall not: (a) infringe on the copyrights, patents or other intellectual property rights of urMuv, a User, or a third party (b) copy, distribute, or modify any part of the Services without our prior written authorization; (c) Post inappropriate, inaccurate, false, or misleading Content to the Services; (d) Post any Content which contains software viruses, or other harmful computer code, files or programs; (e) Post Content that falsely states or otherwise misrepresents your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; (f) make threats or use profanity; (g) harass, stalk or intimidate other Users; (h) manipulate or exclude identifiers in order to disguise the origin of any Content; (i) disrupt the networks connected to the Services, including but not limited to by: attempting to probe, scan or test the vulnerability of the Services, attempting to breach security or authentication measures without proper authorization, or attempting to interfere with the Services or a User, by means such as overloading, ‘flooding’, ‘mailbombing’ or ‘crashing.’; (j) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services; (k) collect Content, personally identifying information, and/or other information from the Services, or otherwise access the Services, by using any automated means, including but not limited to, ‘robots’, ‘spiders’, ‘scrapers’ and ‘offline readers’, without our prior written approval which we may withhold in our discretion; (l) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, sell, or distribute the Services; (m) rent or lease any rights in the Services in any form to any third party or make the Services available or accessible to third parties; (n) use any communications systems provided by the Services to send unsolicited or unauthorized commercial communications, including but not limited to by email, SMS, MMS, or any other means; (o) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices displayed on the Services; (p) mislead or attempt to mislead or defraud or attempt to defraud or conceal any information relating to Content or other information that you Post or provide to Users or us; (q) link, deep link, ‘frame’ or ‘mirror’ any part of the Services without our prior consent; or (r) use the Services to violate any applicable laws, rules or regulations, or for any unlawful, harmful, or inappropriate purpose, or in any manner that breaches these Terms or is otherwise objectionable, as determined by us in our sole discretion.

 

11. Dispute Resolution.

 

(a) In the event that any dispute arises with respect to the Services, Terms, or any of our Policies, upon our election in our sole discretion, such dispute shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, in Horry County, South Carolina, and at our option, such arbitration shall be before a single arbitrator selected in our sole and absolute discretion. In the event we elect not to require that a dispute arising with respect to the Services, Terms, or any of our Policies be submitted to binding arbitration as described above, any such dispute shall nevertheless be litigated in the State courts located in Horry County, South Carolina or in the U.S. District Court for the District of South Carolina, as the case may be. You shall be liable for and shall reimburse us for our expenses and fees, including attorneys’ fees, in the event any arbitration or litigation arises out of, under, or relating to these Terms or any of our Policies, or your use of the Services. By using the Services, you irrevocably agree and consent to be bound to personal jurisdiction of and venue selection in the state courts located in Horry County, South Carolina or in the U.S. District Court for the District of South Carolina as the case may be, whether either arbitration or litigation arises between us and you. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

(b) YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS WE AGREE OTHERWISE, THE DECISION-MAKER MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE DECISION-MAKER MAY AWARD RELIEF ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

 

(c) You agree that irreparable harm to us would occur in the event that any of the provisions of these Terms, including but not limiting the provisions of Sectionand Section 8, were not performed fully by you or were otherwise breached by you, and that money damages are an inadequate remedy for breach of the Terms because of the difficulty of ascertaining and quantifying the amount of damage that will be suffered by us in the event that these Terms are not performed in accordance with its provisions or is otherwise breached. It is accordingly hereby acknowledged that, notwithstanding any provision of this Section 11, we shall be entitled to petition the courts mentioned in subsection (a) above for an injunction or injunctions to restrain, enjoin and prevent a failure to perform these Terms by you, without positing bond or other security, and to enforce specifically such provisions of these Terms.

 

12. DISCLAIMER; NO WARRANTY; WAIVER; LIMITATION OF LIABILITY.

 

(a) IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. THE SERVICES AND CONTENT THEREON ARE PROVIDED ‘AS IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICES, INCLUDING BUT NOT LIMITED TO PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. WITHOUT LIMITING THE FOREGOING, URMUV AND URMUV’S officers, employees, independent contractors, representatives, and agents (COLLECTIVELY “AFFILIATES”) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIEs OUR AFFILIATES MAKE ANY WARRANTY THAT THE WEBSITE, SERVICES, AND/OR CONTENT WILL MEET YOUR NEEDS, EXPECTATIONS, BE TO YOUR SATISFACTION, OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NEITHER URMUV INC NOR OUR AFFILIATES MAKE ANY WARRANTY REGARDING THE QUALITY OF THE SERVICES OR CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES.


(b) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM URMUV INC OR THROUGH THE WEBSITE, SERVICES, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO OTHER USERS AND/OR THIRD PARTIES. YOU UNDERSTAND THAT NEITHER URMUV INC NOR ITS AFFILIATES MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR POSTS OF USERS OF THE WEBSITE OR SERVICES. NEITHER URMUV INC NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE, OR SERVICES.

 

(c) To the maximum extent permitted by applicable law, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE all claims, actions, demands, suits, or proceedings (“Claims”) against US and our AFFILIATES, including any and all liability for damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to: (a) THE SERVICES, (B) YOUR DEVICE, (C) any inaccuracy, untimeliness or incompleteness of a USER’S representations OR WARRANTIES, and/or (D) any inaccuracy, untimeliness, or incompleteness of ANY AND ALL information and/OR CONTENT obtained or accessed by or through the Services. FURTHER, if applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that any fact relating to any matter covered by THESE TERMS may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

 

(d) TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR PERSONAL INJURY RELATED TO OR RESULTING FROM ANY ASPECT OF THE SERVICES, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR DIRECT DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO ANY CONTENT, OR ANY ASPECT OF THE SERVICES OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (BREACH OF CONTRACT, A BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages exceed the lesser of (i) one hundred twenty-five dollars ($125) or (ii) the fees paid by you to us in connection with the Services out of which the Claims arose. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

13. Indemnification. You agree to indemnify, defend, and hold harmless urMuv Inc. and its Affiliates from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of, under, or relating to: your use, misuse, or inability to use the Services; your Device; any infringement of a third party’s rights (including but not limited to intellectual property rights such as copyrights); a breach of representation or warranty; Content Posted by you; alterations of, loss of, or unauthorized access to any information sent or received or not sent or received by you or us; any defamatory, offensive, fraudulent, or illegal use of the Services by you; any disclosure of Personal Data (as defined in our Privacy Policy); and any violation by you of these Terms or any of our other Policies.

 

14. Survival. Notwithstanding anything herein to the contrary, the provisions of Sections 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 25 of these Terms, as well as any provision of these Terms which in accordance with its terms is intended to survive the termination of these Terms, your Subscription, or license to use and access the Services, shall survive any such termination.

 

15. Communication. By using the Services, you agree that we and other third parties with whom we may partner may provide you with any notices or other communications electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (to the telephone number that you provide), (b) via the App and Services, and (c) by Posting to the Services. In the case of notices from us regarding your Profile, Subscription, or the Services made by email, the date of receipt will be deemed the date on which such notice is transmitted. We will use best efforts to honor a User’s request to opt out of promotional messages, but under no circumstances will we be liability for Postting any Content to Users. We prefer to that you provide us with any notifications via electronic communication.

 

16. Severability. If any provision of these Terms shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.

 

17. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us as determined by us.

 

18. Our Relationship with You. With respect to you, urMuv Imc is an independent contractor only. Nothing in these Terms shall be deemed or is intended to be deemed, nor shall it cause, you and urMuv Inc to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or urMuv Inc  to be treated as the agent of the other.

 

19. Third Party Promotions. From time to time, we may engage third parties to assist us in providing certain aspects of the Services and you agree we may do so, as we may determine. You further agree third parties may also display Linked Sites, advertisements or other Third Party Data to you related to goods or services which are not affiliated with urMuv Inc.

 

20. Force Majeure. We shall not be liable for delays, failure in performance or interruption of the Services which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.

 

21. Headings; Interpretation. Headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms. Further, whenever the context requires, all words, including but not limited to defined capitalized terms, will include the masculine, feminine, and neuter, and each word will include the singular and the plural form of that word.

 

22. Entire Agreement; Modification. These Terms together with our Polices any other document referenced herein, constitute the entire understanding between us and you with respect to the subject matter hereof. You agree that we may amend, modify, or alter these Terms and/or our Polices at any time in our sole discretion. We will notify you about changes to these Terms by placing the updated Terms on the Services. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to the Terms.

 

23. Governing Law; English Language. You agree that: (a) the Services shall be deemed solely based in the Commonwealth of Virginia and (b) the Services shall be deemed passive which does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Commonwealth of Virginia. These Terms, our Privacy Policy, and other Policies are governed by the laws of the Commonwealth of Virginia and of the United States of America, and without regard to conflicts of law principles. In the event of a conflict between these Terms and a foreign language version of the Terms, the English language version of these Terms govern. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

 

24. Compliance. You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Services. Users who access or use the Services do so of their own volition and are entirely responsible for compliance with applicable law.

 

25. Export Compliance. You agree to comply with all laws, restrictions and regulations relating to the export of products and information imposed by the United States and the Commonwealth of Virginia. For purposes of the U.S. Export Administration Act (“Export Laws”), you represent and warrant that you are: (a) not a citizen of, or otherwise located within, an embargoed nation, including but not limited to those designated by the Office of Foreign Assets Control (“OFAC”), and (b) not otherwise prohibited under the Export Laws from receiving the Services and Content.

 

26. Feedback. Please send your comments, concerns, or questions to: keith@urmuv.io. While we encourage you to provide feedback, comments and questions, it is possible that we may not be able to respond to all feedback we receive.