In or Out Terms of Service Agreement

 

1.0 Version:

Terms of Service Agreement Version 1.0

 

1.1 Effective Date:

May 3, 2015

 

1.2 Overview

The following describes the terms on which In or Out (“In or Out” or “the Company”) offers you access to our websites, applications and services.

 

This Agreement may be updated at any time.  The current Agreement version will be noted at the top of this page.  Prior versions can be accessed by selecting the following link(s):

 

There are currently no prior versions of the In or Out Terms of Service Agreement

 

In or Out provides services to users via the following platform(s)- www.inoroutmobile.com and the In or Out Mobile Application accessible via the Apple iTunes App Store (collectively, “the Platform”).

 

It is your responsibility to review the current Terms of Service Agreement.  Should the Agreement be changed or modified, it will be noted under 1.0 Version: at the top of this page.  By continuing to use the Platform, you agree to any updates or changes made to this Agreement.  The current Agreement version supersedes all prior Agreement versions and comprises the entire Agreement between you and In or Out with regard to the use of the Platform.  Should you disagree with any part or all of this Agreement, you should not access or use the Platform.

 

2.0 The Platform

In or Out provides its users with the Platform to facilitate the discovery of eVents, groups, like-minded individuals, business eVents (sales, offers, incentives, etc.), social activities, and other user-generated social activities, and the creation of eVents for other users to discover and for You to facilitate.  The Platform provides two options for eVent creation and discovery, HERE and THERE.  The HERE option provides a geo-located search of the current user’s location to a user designated radius around the user and the user’s device (1-100 miles).  The THERE option provides a geo-located search of any other worldwide location designated by the user and subject to the user’s designated radius around a selected point on the application map.

 

eVent creation allows the user to create a new eVent or revise an existing eVent based either on his/her current location, or any other location designated by the user and subject to the radius parameters established in the user’s settings.

 

You agree to comply with all applicable laws, ordinances, statutes and regulations, both domestic and international, with regard to your use of the In or Out Platform and your participation in any activity either created by you, or sourced from the Platform.  In addition, you agree to comply with all applicable laws, ordinances, statutes and regulations pertaining to the transmission of electronic and/or technical data either exported or imported from or to the United States or the country in which you reside, or the country from which you are accessing the platform.

 

3.0 Registration

You must be registered in order to use the In or Out Platform.  Registration is open to all Individuals who are at least 18 years of age, Groups (such as civic groups, social groups, networking groups, groups of like-minded individuals, religious groups and any other group) legally established or recognized under the laws of the United States or the country in which you reside or the country from which you are accessing the platform, and Businesses (For-Profit, Non-Profit, Sole Proprietorships, Partnerships, Limited Liability Companies, or any other Company) as defined under applicable laws in the United States or the country in which you reside, or the country from which you are accessing the Platform.

 

In or Out reserves the right to revoke registration and bar any Individual, Group or Business from accessing or using the Platform at any time and at the sole discretion of the Company.

 

You agree by registering with In or Out that you will abide by all local and federal laws in the United States, the country in which you reside, or the country from which you are accessing the platform with regard to your use of the Platform, including the attendance at or the creation of Global (public) and Private eVents.

 

Password security is your responsibility.  You agree to maintain the confidentiality of your password and are fully responsible for all liability and/or damages that result from your failure to maintain that confidentiality.  In or Out will not be liable for any loss or damage arising from your failure to maintain password confidentiality.  Should your password become compromised and/or any other person utilizes your account without your express consent, you have the responsibility to immediately contact In or Out.

 

4.0 Fees and Other Costs

Access to the Platform is free for all registered users over the age of 18.  In or Out will not run banner ads, in-app purchases, or any other form of advertising on the platform with the exception of the In or Out website.  In or Out may provide a scrolling banner on the website of current or near future global eVents that the Company feels may be of interest or of benefit to users.   The selection of global eVents that may run on the website banner are at the sole discretion of In or Out.  Users registered as an Individual or Group will never pay a fee for global adds that they may have posted that appear in the website banner.  Users registered as a Business may promote specific eVents within the website banner for an agreed upon fee.  Fee producing Business eVents will only represent 50% of the allocated banner space.  The remaining 50% will be allocated to Individual and Group eVents chosen by In or Out and at no cost to the registered user who created the eVent.

eVents posted by users registered as a Business may be fee contingent.

 

Registered Business users can post eVents for free within the following guidelines:

 

The eVent must be global and open to all registered users of the Platform, or registered users falling within the gender/age parameters as established on the creation of the eVent.

The eVent must not be directly related to the purchase of any specific product or service, or group of products or services, i.e. a % or $ discount on any specific product or service (branded television, or oil change, etc.), or group of products or services (electronics, or spa packages, etc.) offered by the registered Business user.

The eVent must not solely offer a link or direct users to a third-party venue to process a transaction or purchase a product or service.  eVents can, however, offer a link or direct users to a third-party venue to process a transaction or purchase a product or service if the link or direction to the third-party venue is a component of a broader eVent, i.e. a registered Business user posting an eVent about a concert may direct a user viewing the eVent to a third-party venue to purchase tickets.

The eVent can only be posted under the eVent type Group.

 

Registered Business users will incur a fee for any other eVent posts on the platform.  All eVent posts not meeting the guidelines above for free posting by a registered Business user must be posted under the eVent type Biz.

 

The type of fee will be at the discretion of the Business user and will be either:

 

Pay-per-Swipe.

Monthly Unlimited.

 

Registered Business users can access a schedule of fees by logging into their account and referencing Fees under their registered profile.

 

5.0 Your Information and Privacy

Your information includes all detail that you provide during the registration process and all information that you may submit when creating an eVent, or communicating with someone about an eVent, or swiping In, Out or Maybe on an eVent.

 

Your information is further divided into:

 

Private information- information that you provide to In or Out during the registration process that can be directly associated with you as an Individual, Group or Business and includes the following:

 

Your telephone number

Your first and last name

Your email address

Your user name

Your password

Your address

Your birthdate

Your gender

Group and Business only- your billing detail

Group and Business only- your retail locations detail

Group and Business only- your contact name

 

Public information- information that you make public by using the Platform including:

 

Your public profile information including picture(s), text or any other descriptive narrative.

Any information that you post when creating a new eVent.

Any information resulting from a specific swipe (In, Out or Maybe) on a specific eVent that is visible to the public.  All users can see who swipes In, Out or Maybe on any global (public) eVent.  Any user that is invited to a private eVent that you have been invited to, and on which you have swiped In, Out or Maybe, can see your public profile.

Any information, picture(s), media, data, or any text that you willingly forward to any person or entity as a result of a new eVent invitation or Platform sharing email or text.

 

You are responsible for Your Information.  In or Out maintains no liability for any loss or damage arising from any of Your Information that is posted to the Platform whether that Information is global (public) or private.

 

By registering with In or Out, you grant In or Out a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to exercise, commercialize and exploit the copyright, publicity, and database rights (but no other rights) you have in your Public Information, in any media now known or not currently known.

 

Your Private Information is secure and will never be shared to any other entity outside of the company in a manner that would in any way allow a third-party to associate any specific detail to any specific user.  In or Out reserves the right to share aggregate, individually unidentifiable Information as a part of its service offering to registered Business users.

 

The information that might be shared will never include:

 

Your telephone number

Your first or last name

Your email address

Your user name

Your password

Your specific address

Your specific birthdate

Group and Business only- your billing detail

Group and Business only- your retail locations detail

Group and Business only- your contact name

 

By registering with In or Out, you warrant that:

 

Your Information shall not be fraudulent and is deemed by You to be honest and correct.

Your Information does not and will not violate any law, statute or regulation in the United States, the country in which you reside, or the country from which you are accessing the Platform.

Your Information does not and will not infringe upon any other person’s or entity’s copyright, trademark, patent, trade secret, or any other proprietary right.

Your Information does not and will not defame, libel, threaten, or harass any other person, entity, or group of persons including but not limited to religious organizations, civic organizations, environmental or activist groups or any other type of group of like-minded individuals or entities.

Your Information is not and will not be obscene or contain any evidence or references or links to pornography, child pornography or any visual media depicting nudity, sexual acts or any written or visual activity deemed to be unlawful in the United States, the country in which you reside, or the country from which you are accessing the Platform.

Your Information does not and will not contain any viruses or other malicious software, code, or programming protocols or links that could directly or indirectly damage the Platform or cause harm to any other system, data or Personal Information.

Your Information does not and will not directly or indirectly link to, reference or cite any material to which you do not have a right to link to or include.

Your Information does not and will not create a liability for In or Out, its partners, business associates, employees, suppliers, vendors or others associated either directly or indirectly with the Company.

Your Information does not and will not create a liability for the Platform or any direct or indirectly related partners, business associates, suppliers, vendors or others associated with the Platform.

 

6.0 Use of Platform

You control and are completely responsible for all of Your Information that you upload, post, email, text, transmit or otherwise make available via the In or Out Platform.  The Company does not control Your Information or the Information, both Public and Private of any other registered user of the Platform.  In or Out does not guarantee the completeness, accuracy, integrity or quality of Your Information or the Information of any other registered user of the Platform.  In or Out does not endorse or promote any opinions posted or expressed by You or any other registered user.  You agree that by accessing the Platform, you may be exposed to Information that is offensive, indecent or otherwise objectionable.  In or Out has no obligation to monitor or manage the Information that is posted by you or other registered users, or shared with other users in the course of Platform usage.  In or Out takes no responsibility for Your Information or the Information of other registered users.  You agree that In or Out and any of its affiliated employees, shareholders, partners, consultants, agents, advisors, subsidiaries or any other associated entity or person will not be held liable for any loss or damage arising out of the use of Your Information or the Information of any other registered user posted, shared or in any way connected with the use of the Platform.

 

6.1 API License

Subject to the terms and conditions of this Agreement, In or Out grants you a limited, non-exclusive, non-transferrable, non-sublicensable license to use any application programming interface (“API”) that In or Out may make available via the Platform for the sole purpose of integrating or sharing Public Information within any other website or application.  The use of any such API will be subject to terms and conditions placed on In or Out with regard to the sharing of any Information with any other website or application.   In or Out reserves all rights not expressly granted under this Agreement.

 

6.2 Grounds for Termination, Removal or Suspension of Your Registered Account

Notwithstanding any other provision of this Agreement, you understand and agree that the following types of actions may represent immediate grounds for termination, removal or suspension of your registered account.

 

Intentionally harming or intimidating any other user through your use of the Platform.

Intentionally impersonating any other user or entity for any reason or misrepresenting your or another user’s affiliation with any other user or entity whether directly or indirectly, including through the use of similar names, nicknames, user names, email addresses, or any other method of impersonation or misrepresentation.

Intentionally misrepresenting the origin of any Public Information that you may share with any other registered user, potential user, friend or any other person or entity, whether via any In or Out API or any other method of electronic or analog transmission.

Intentionally harassing, stalking or otherwise engaging in any predatory activities towards any other registered user, potential user, friend or any other person or entity.

Advertising, Marketing or Selling any products or services of any type, including charitable, for a fee or any other consideration under the registered user type “Individual” or “Group”.

Intentionally sell or distribute Public Information sourced from the Platform or through communications and/or interactions with any other registered user, potential user, friend or any other person or entity.

Intentionally collect, store, manipulate, distribute or otherwise access or share the Personal Information of any other user.

Posting any Information that violates any law, statute or regulation in the United States, the country in which you reside, or the country from which you are accessing the Platform.

Posting any Information that will infringe upon any other person’s or entity’s copyright, trademark, patent, trade secret, or any other proprietary right.

Posting any Information that will defame, libel, threaten, or harass any other person, entity, or group of persons, including but not limited to religious organizations, civic organizations, environmental or activist groups or any other type of group of like-minded individuals or entities.

Posting any Information that could be deemed hate speech, racially or ethically insensitive or otherwise objectionable whether the Information is originally generated by you or sourced from any other location and reproduced on the Platform.

Posting any Information that could be deemed invasive of any other person’s privacy, including, but not limited to, the posting of email addresses, phone numbers, user names, passwords, physical addresses or any other personally identifiable Information.

Posting any Information that could be deemed obscene or contain any evidence or references or links to pornography, child pornography or any visual media depicting nudity, sexual acts or any written or visual activity deemed to be unlawful in the United States, the country in which you reside, or the country from which you are accessing the Platform.

Posting any Information that will directly or indirectly link to, reference or cite any material to which you do not have a right to link to or include.

Posting any Information that you do not have express authority to make available under any law, contractual obligation, or personal or business relationship.

Posting of any Information that could be deemed “spam”, “junk mail”, or any other type of offer, advertisement or promotional activity that is unsolicited.

Posting of any Information that could be deemed primarily as a lead generator or listing service for any other person, business or entity.

Encouraging other users, friends, associates, businesses or any other entity to violate the terms of this Agreement.

Violating any terms of this agreement, whether intentionally or unintentionally, or any applicable local, state, national or international law, statute, ordinance or regulation.

Performing monetary or credit transactions with In or Out from any financial account that is fraudulent, stolen, or to which you do not have authorization to use.

 

You agree that In or Out reserves the right to remove any posting that violates this Agreement without warning and without notice.

 

Notwithstanding the Company’s prohibition of certain conduct and content, you understand and agree that you may be exposed to inflammatory or otherwise offensive material and that you use the Platform and make decisions to meet with other users, attend user sponsored eVents and interact with other users, potential users, businesses and other affiliated entities, at your own risk.

 

6.3 Interference with the Platform

Interference with the Platform will not be tolerated and could result in immediate revocation, termination, or suspension of your user account.  In or Out reserves the right to prosecute any violations of the interference policy with any remedies offered by local, state, national or international law.

 

You agree that you will not:

 

Upload, post, email, text or otherwise transmit any computer protocols, viruses, malicious code, files, programs or any other form of electronic or analog protocols designed with the intent to access, share, disrupt, destroy, or otherwise limit the functionality of the Platform, including underlying software, hardware, application code or ancillary connected device (including but not limited to computers, tablets, televisions, video monitors, telephones, smartphones, wearable technology, switches, telecommunications equipment, networks or any other directly or indirectly connected hardware/software system)

Interfere with or disrupt the Platform or networks connected to the Platform, or violate any terms or policies of networks connected to the Platform.

Perform any action that contributes to an unreasonable or excessively large data load on the Platform or networks connected to the Platform.

Violate any copyright or intellectual property rights with regard to the Platform by displaying, copying or posting in any way for public display any Information from the Platform that is not Your Information unless You receive explicit authorization from In or Out.

 

6.4 Interaction with Other Users

Via the In or Out Platform, registered users are provided venue where interactions by and between registered users can be arranged off the Platform provided by In or Out.

 

These interactions can include, but are not limited to:

 

Physical Interaction- two or more members agree to physically meet, in person and offline.

External Online Interaction- two or more members engage in communication online, but off of the Platform.

 

6.5 Physical Interaction

In or Out does not control the eVents that are posted on the Platform. eVents are posted by registered users and displayed to other registered and non-registered users via the Platform.  In or Out does not manage or monitor eVents posted by registered users and has no obligation to manage or monitor eVents posted by registered users.  The Company highly recommends that you exercise caution and good judgment when either planning an eVent, attending an eVent or participating in any way with an eVent where there may be an opportunity for physical interaction with registered and non-registered users, third-parties, or any others involved with eVent activities.

 

Further, In or Out does not supervise or control physical interactions between users; does not participate in any way with regard to transportation to and from any venue where there will be physical interaction, nor does it manage, control or have any input whatsoever into the venue location itself; does not know the identities of user and non-user participants; does not now the ages or genders of user and non-user participants; and generally has limited control, if any, over the quality, safety, morality, legality, truthfulness, or accuracy of any physical interaction arranged via the Platform.

 

You agree to bear all risk associated with your establishment of, or attendance at, any eVent, meeting, gathering, or any other type of physical interaction that is posted or sourced via the Platform.  You agree to release In or Out, and its employees, shareholders, agents, affiliates, subsidiaries and third-party partners from claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of your use of the Platform, your third-party transactions (including transactions between registered and non-registered users), our resolution of any disputes among users, and your transportation to or from, attendance at, or actions of you or others at the venue.  You agree to waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

 

6.6 External Online Interaction

In or Out does not control any online interaction that you may have with other registered or non-registered users, nor does it control the quality, safety, morality, legality, truthfulness, or accuracy of any online communication you may have with other registered and non-registered users.

 

You agree to bear all risk associated with any communication you may have with registered and non-registered users, third-parties, or any others involved with communications that are started, joined, or otherwise participated in by you as a result of your use of the Platform.  You agree to release In or Out, and its employees, shareholders, agents, affiliates, subsidiaries and any other third-party partners from claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of your use of the Platform, your third-party transactions (including transactions between registered and non-registered users), our resolution of any disputes among users, and your communication, whether via text, email, online post, analog or cellular communications, or any other method of on or offline communication and data-sharing.  You agree to waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.

 

6.7 Privacy

In or Out collects registration and other personal detail about you as a part of your registration process on the Platform.  Further, In or Out may collect other information regarding your use of the Platform that includes, but is not limited to:

 

Your interaction on the Platform including In, Out, or Maybe swipes on specific eVents, creation of new eVents, editing of eVents, sharing of eVents, searching on eVents, and other data-centric actions of Platform use.

Your geographic location when downloading the Platform.

Your geographic location when interacting with the Platform.

 

The collection, use and disclosure of any data or information gathered with regard to your interaction and use of the Platform is governed by the In or Out Privacy Policy available at http://www.inoroutmobile.com/legal/

 

6.8 Interactions with Registered Business Users

The Platform allows registered users access to eVents listed by registered business users.  eVents posted by registered business users are accessible by selecting Biz in the left slide menu from the HERE or THERE eVent list screen.

 

Registered business users may list eVents that offer promotions, sales, discounts, or other incentives for registered users to purchase goods or services, attend specific offline eVents where physical interaction is likely, visit specific offline retail or wholesale locations, offer links to external websites or applications for purposes of buying, leasing or otherwise engaging in some form of commercial transaction with the registered business user or an affiliate or partner.

 

In or Out does not control the quality, safety, morality, legality, truthfulness, or accuracy of any eVent posted by a registered business user, nor does it have any obligation to monitor or control any eVent that a registered business user posts to the Platform.  Further, In or Out does not warrant, guarantee or otherwise endorse any product or service that a registered business user may post, either as an eVent or as a component or derivative of any eVent.

 

Your interaction with a registered business user is between You and the registered business user.

 

You agree that In or Out will not be held liable for any loss or damage of any sort incurred as a result of your interaction with any registered business user, their partner(s), affiliate(s), subsidiary(ies), or any other related party(s).

 

7.0 Indemnity

You agree to indemnify and hold harmless In or Out, its employees, shareholders, agents, affiliates, subsidiaries and any other third-party partners from any claim(s) or demand(s), including reasonable attorney’s fees, made by any third party arising out of your breach of any representations or warranties, this Agreement or any documents incorporated by reference, the use of the Platform, Your Information, your violation of any law, statute, ordinance or regulation, the rights of any third party, or your interaction with any registered user, including registered business users.

 

8.0 Warranties

Your use of the Platform is at Your sole risk.  The Platform is provided to you on an “as is” and “as available” basis with no warranty either expressed or implied, including but not limited to warranties of merchantability or fitness for a particular reason, cause or any particular action whether implied or stated by In or Out or any registered users including registered business users.  We disclaim any warranties with regard to the security, reliability, timeliness and performance of the Platform.  We disclaim any warranties for any information, advice, guidance or any other interaction with registered users, including registered business users.  We disclaim any warranties for any goods or services either sourced via the Platform or offered through any interaction with any registered user, including registered business users.  We disclaim any warranties with regard to any and all third party interactions arising from the use of the Platform, including damages to your computer systems, data, software platforms, hardware platforms, smart phones, or any other device used to connect to the Platform.

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.

 

9.0 Dispute Resolution

Any dispute, claim, controversy or misunderstanding arising out of your use of the Platform, your interaction with any registered user, including registered business users, or your interaction with the Company, its employees, shareholders, agents, affiliates, subsidiaries and any other third-party partners shall consecutively follow two steps towards resolution:

 

Negotiation- The parties agree to negotiate their respective positions informally and without interaction of any third party.

Mediation/Arbitration- The parties agree to enter into a mediation or arbitration agreement with a competent mediator/arbitrator agreed to by both parties.  Any cost incurred as a result of mediation/arbitration will be shared by both parties equally.

 

By registering as a user, including a business user, with the Company, you agree to be bound by the resolution, as it is determined in either 1. or 2. above.  Further, you agree to waive your rights to have your matter litigated in any court or jury trial.  If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate by a federal or state court under federal or state law in the United States or comparable judicial court in venues outside of the United States.  The provisions of section 9.0 may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorney’s fees, to be paid by the party against whom the enforcement is ordered.

 

In or Out may, at its sole discretion, attempt to resolve disputes that arise out of the use of the Platform by and/or between any registered user, including registered business users.  In or Out has no obligation to resolve disputes, and to the extent that we may offer assistance in dispute resolution, it will be done in good faith based on the general rules and standards of the Platform and for the benefit of the register user and registered business user community.  The Company will not offer or provide any legal advice and will not make judgments on any legal issues or claims.

 

10.0 Modifications to this Agreement or the Platform

In or Out reserves the right to modify this Agreement at any time.  Revisions to the Agreement will be noted at the top of this page.  The current Agreement version will be noted at the top of this page.  Prior versions can be accessed by selecting the following link(s):

 

 

In or Out reserves the rights to modify discontinue or otherwise change the platform or any portion of the Platform at any time with or without notice.  You agree that we will not be liable to you or any third-party as a result of any modification, discontinuance or other change to the Platform or any portion of the Platform.

 

11.0 Termination of Your Registered User account

You agree that In or Out may, at its sole discretion, terminate, suspend or otherwise remove your registered user status, remove content or images or any information that you have posted for any reason including:

 

Lack of use.

Breach of this Agreement.

Misrepresentation of Your Information.

Violations, or perceived violations of this Agreement that may cause legal liability for you, other registered users, including registered business users or the Company.

 

You agree that any termination, suspension or removal of your registered user status, or removal of any content, images or any information may be affected without prior notice.  You further agree that In or Out will not be held liable to you or any third-party for any termination, suspension or removal of your registered user status, or removal of any content, images or any information.

 

12.0 Trademarks, Copyrights and Proprietary Rights

All trademarks, service marks, logos, product and service names and copyrighted text displayed on the Platform are the intellectual property of In or Out.  Except as permitted by law, you agree not to use or display In or Out intellectual property without the prior written consent of In or Out.

 

13.0 Trademarks, Copyrights and Proprietary Rights of Others

You agree that you will not display or use in any way the intellectual property of others that you have no specific right to display or use through your use of the Platform or your interaction with anyone outside of the Platform where the interaction was sourced or posted or discovered through your use of the Platform. In or Out respects the intellectual property rights of others and reserves the right to remove, in whole or in part, or limit access to any information or material that is posted or displayed on the Platform that may infringe upon the intellectual property rights of others.

 

14.0 No Resale

You agree not to reproduce, copy, sell, resell or exploit for any commercial purpose or any consideration, whether monetary or otherwise, any portion of the Platform, the use of the Platform, or access to the Platform.

 

15.0 Notices

All notices to In or Out shall be given at:

 BaJa Technology, LLC

 In or Out Mobile

 314 Stephenson Ave.

 Savannah, GA  31405

 

Or via email to:

 legal@inoroutmobile.com

 

16.0 Entire Agreement

This Agreement represents the entire agreement between You and In or Out and supersedes any prior agreements, if any, between You and In or Out. Any information You provide to In or Out, whether voluntarily or under any other agreement shall be governed by this Agreement.

 

17.0 No Agency or Partnership

No agency, partnership, joint venture, employee-employer or franchise-franchisee relationship is created or intended by this Agreement.

 

18.0 Governing Law

Unless expressly provided under any other terms of this Agreement, You agree that the relationship between you and In or Out shall be governed by the laws of the state of Georgia without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and performed entirely within Georgia between residents of Georgia.  You and In or Out agree to submit to the personal and exclusive jurisdiction of courts located within the state of Georgia.

 

19.0 Assignment

You agree that this Agreement, including all rights granted herein and all incorporated agreements may be automatically assigned by In or Out, at its sole discretion, to one or more third parties in the event of a merger, acquisition, corporate reorganization, sale of all or substantially all of In or Out’s assets, including the Platform, or any other similar transaction.

 

20.0 No Guaranty

We do not guarantee continuous, uninterrupted or secure access to the Platform. We do not guarantee continuous, uninterrupted or secure access with regard to the operation of the Platform. We do not guarantee continuous, uninterrupted or secure access via the specific devices or networks with which you connect to the Platform.   Access to the Platform, operation of the Platform and access via external devices and networks to the Platform may be interfered with by numerous factors outside of the control of In or Out.

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.

 

21.0 No Waiver

In or Out’s failure to enforce any provision of this Agreement shall not constitute a waiver of such right or provision and does not waive the right of enforcement to subsequent or similar breaches.

 

22.0 Severance

If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, You and In or Out agree that the court should endeavor to understand the parties’ intentions with regard to the affected provision, and that the other provisions of this Agreement will remain in full force and effect.

 

23.0 Limitation

You and In or Out agree that any claim or cause of action arising out of or related to the use of the Platform or this Agreement must be addressed within one (1) year after the claim or cause of action arose or the claim or cause of action will be forever barred.

 

 

BaJa Technology

In or Out Mobile

314 Stephenson Ave.

Savannah, GA 31405

 

912.308.3462

 

legal@inoroutmobile.com