TERMS OF SERVICE
Last revised: November 3, 2016
Binding Arbitration. These Terms of Service provide that all disputes between you and Company that in any way relate to these Terms of Service or your use of the Service will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Service (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Company.
1. How Agreeable Works
Company provides Meeting Services, whereby users are able to negotiate agreements (each, an “Agreement”) with other Service users regarding the terms of a future sale of products or services via Craigslist, Facebook Marketplace, OfferUp, LetGo, and other similar third party platforms (each, a “Sales Platform”). Service users are able to negotiate (i) the time and place of a meeting to buy/sell products or services advertised on a Sales Platform; (ii) a no-show fee as low as $5 or up to $500 to be charged to a party to the Agreement that does not arrive at the time and place of the meeting (a “No-Show Fee”); and (iii) a cancelation grace period, during which time either party to the Agreement may cancel an agreed upon meeting without penalty (a “Cancelation Grace Period”). Each time Service users successfully negotiate an Agreement, the Company will charge the Service user who initiated the negotiation of such Agreement a fee in the amount of $1.00 (an “Agreement Fee”) at the time such Agreement is approved by both parties thereto.
For the convenience of Service users, the Company may suggest (via the Service) nearby potential meeting locations. Such meeting location suggestions are provided for informational purposes only, and parties to an Agreement may agree to meet at any such suggested location, or any other alternative location as such parties negotiate between themselves. In suggesting a potential meeting location, the Company in no way represents, warrants or otherwise guaranties the quality, suitability, availability or safety of any such location. Service users are solely responsible for researching potential meeting locations and negotiating the time and place of each meeting with respect to an Agreement.
Following the successful negotiation of an Agreement, Service users may cancel such Agreement with no further penalty or charge during the applicable Cancellation Grace Period pursuant to the terms of the Agreement. If a Service user cancels the Agreement following the applicable Cancellation Grace Period, or if a Service user does not arrive at the applicable meeting location pursuant to the terms of the Agreement, such Service user will be charged the applicable No-Show Fee and an additional $1.00 service fee (“Service Fee”) in connection therewith. Company, or a third party payment processor, will process and remit payment of the No-Show Fee to the non-defaulting party to the Agreement and Company will retain the Service Fee to offset its related transaction expenses. If both parties to an Agreement do not arrive at the applicable meeting location pursuant to the terms of the Agreement, each Service user will be charged a No-Show Fee and a Service Fee, and no No-Show Fees will be remitted to either user.
The App utilizes geo-location tracking to determine whether a Service user arrives at the time and place of a meeting pursuant to the terms of an Agreement. Therefore, when using the Meeting Services, Service users must bring their mobile device upon which the App is installed to the time and place of a meeting that is subject to an Agreement. Mobile devices must be powered on with location services enabled at all times. If a Service user fails to bring their mobile device to a meeting, if the mobile device is turned off or not functioning correctly, or if the location services on the mobile device are not enabled, the Service will not recognize that such Service user arrived at the time and place of the meeting, and such Service user will be charged a No-Show Fee and a related Service Fee as described above.
ALL ASSESSED AGREEMENT FEES, NO-SHOW FEES AND SERVICE FEES ARE NON-REFUNDABLE. IT IS THE RESPONSIBILITY OF EACH SERVICE USER TO ENSURE THAT HIS OR HER MOBILE DEVICE IS WITH HIM OR HER, POWERED ON AND FUNCTIONING PROPERLY WITH LOCATION SERVICES ENABLED AT THE TIME OF A MEETING. IF A SERVICE USER FORGETS HIS OR HER MOBILE DEVICE, THE MOBILE DEVICE IS NOT FUNCTIONING PROPERLY OR IF THE SERVICE USER WILL BE LATE OR MUST RESCHEDULE A MEETING, THE SERVICE USER WILL BE CHARGED A NO-SHOW FEE AND A RELATED SERVICE FEE AS DESCRIBED ABOVE AND MUST MAKE ALTERNATIVE ARRANGEMENTS WITH THE COUNTERPARTY TO THE AGREEMENT ACCORDINGLY.
2. Ownership of the Site, the App and Content
All pages within the Site and the App, all Content (as defined below), and any other material made available for use or download are the property of Company, or its licensors or suppliers, as applicable. The Site and the App are protected by United States and international copyright and trademark laws. The contents of the Site and the App, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Site or the App (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Service or otherwise approved in writing by Company. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Company without our express written consent.
3. App License
Subject to your compliance with these Terms of Service, Company grants you a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use the App and Company software related to the Service solely on devices that you own or manage. You represent and warrant to us that you have the right to install and operate the App on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices of Company on any part of the Service. You may not use the Service for any purpose that is illegal or potentially harmful to another party, including Company. You may not sell, sublicense, assign or otherwise transfer the Service to any third party for any reason. Any rights not expressly granted herein are reserved by Company.
4. Software Updates
In connection with providing the Service, Company may elect to update the software of the App at any time. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of software. You agree that Company may automatically deliver such updates to you as part of the Service and you shall receive and install them as required, and you acknowledge and agree that the Service, or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the Service and will be subject to these Terms of Service.
5. Third Party Software and Content
6. Network Access; Service Provider
You are responsible for obtaining the data network access necessary to use the Service. You acknowledge that the terms of any agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Service with your wireless-enabled mobile device. Consequently, your mobile network's data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled mobile device. You accept responsibility for any such charges that arise.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. Company does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
7. Access, Security and Restrictions; Passwords
You are prohibited from violating or attempting to violate the security of the Service, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Service or any portion thereof without authorization, in violation of these Terms of Service or in violation of applicable law.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
You may not, and you agree that you will not permit any third party to, decompile, disassemble, or reverse engineer any object code that is part of the App, or attempt to reverse engineer, reconstruct, identify, or discover any source code of any such software, the structure, sequence, or organization of such source code or any algorithms, methods, or models contained therein.
Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on or through the Site or the App.
In order to use certain aspects of the Service, you must register for and maintain an active personal user account (an “Account”). Account registration requires you to submit to Company certain personal information, such as your name, email address and mobile phone number. In addition, to utilize the Meeting Services you will need to provide us (or our payment processing partners) with information such as billing address, credit/debit card information, or other billing account information. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Service. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Company in writing, you may only possess one Account. Your access to the Service may be revoked by Company at any time with or without cause. You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of your breach of these Terms of Service or violation of applicable law, your use or access of the Service, or access by anyone accessing the Service using your Account.
8. Accuracy and Integrity of Information
Although Company attempts to ensure the integrity and accuracy of the Site and the App, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site, the App, and Content thereon. It is possible that the Site or the App could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site or the App by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Company reserves the right to unilaterally correct any inaccuracies on the Site or the App without notice. Information contained on the Site or the App may be changed or updated without notice. Additionally, Company shall have no responsibility or liability for information or Content posted to the Site or the App from any non-Company affiliated third party.
9. Termination of Access; Removal of Content or Features
In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your Account, or all or a portion of your access to the Service, at any time with or without notice in the event (i) you have breached these Terms of Service, (ii) such action is necessary to prevent harm to any party or liability to Company or (iii) a required payment with respect to your use of Meeting Services is delinquent.
Additionally, notwithstanding any other provision of these Terms of Service, Company reserves the right to change, suspend, remove or disable access to any Content, features or other materials comprising a part of the Service at any time without notice. In no event will Company be liable for the removal of or disabling of access to any such Content, features or materials.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
11. Electronic Communications.
We will communicate with you by email or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.
12. Export Policy and Restrictions
You acknowledge that the App and Content which are licensed in connection with the Service, include technology and software and are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which you obtained the App or Content. By downloading or using technology or software in connection with the Service, including the App, you agree to abide by the applicable laws, rules and regulations - including, but not limited to the Export Administration Act and the Arms Export Control Act - and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology, including the App, to a foreign national or a foreign destination in violation of the law, or to any person who otherwise is forbidden from receiving such software or technology, including the App, under the Export Administration Regulations or any economic sanctions maintained by the U.S. Department of Treasury, U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless Company from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.
13. Links to Other Sites
Company makes no representations whatsoever about any other website that you may access through the Site. When you access a non-Company website, please understand that it is independent from Company, and that Company has no control over the content on that website. In addition, a link to a non-Company website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Site, including any links provided by or on any Sales Platform, you do this entirely at your own risk.
14. User Generated Content, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any feedback regarding other Service users (“User Ratings”), or any other comments, ideas, suggestions, information, files, videos, images or other materials to us or our Site or the App (collectively with User Ratings, “User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Service users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Company that you have the legal right and authorization to provide all User Generated Content to Company for the purposes and Company’s use as set forth herein. Company shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Company is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Company does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site or the App, including but not limited to any falsely negative User Ratings. You grant Company the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Company and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of any User Generated Content you post or allow to be posted to the Site or the App.
15. Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our Site and/or through the App. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Company’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available on or through the Site or the App
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site or App by sending us a notice ("Notice") complying with the following requirements.
1. Identify the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found or a description of where in the App such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:
P.O. Box 901612
Kansas City, Missouri 64190
16. Disclaimer of Site and App Warranties
COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR THE APP WILL BE CORRECTED. COMPANY DOES NOT WARRANT THAT THE SITE OR THE APP WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. THE SITE AND THE APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN EACH OR ANY SITE-RELATED OR APP-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE OR THE APP.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE APP, SITE-RELATED AND APP-RELATED SERVICES, AND LINKED WEBSITES. COMPANY DOES NOT WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
17. Disclaimer of Meeting Service Warranties
THE MEETING SERVICES ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE THE MEETING SERVICES ENTIRELY AT YOUR OWN RISK. COMPANY DOES NOT PROVIDE, AND SPECIFICALLY DISCLAIMS, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; AND (VI) THAT ALL MEETING SERVICES OFFERED BY COMPANY OR OTHER PARTIES WILL BE AVAILABLE IN ALL MARKETS. COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE MEETING SERVICES OR ANY SERVICES OR GOODS REQUESTED, PURCHASED, OR ACCESSED THROUGH THE USE OF THE SERVICE, OR THAT ANY SUCH MEETING SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD PARTY PROVIDERS, INCLUDING SALES PLATFORMS. COMPANY DOES NOT GUARANTY THE QUALITY, SUITABILITY, AVAILABILITY OR SAFETY OF ANY MEETING LOCATION SUGGESTED BY THE SERVICE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE MEETING SERVICES, ANY SERVICE OR GOOD REQUESTED, PURCHASED, OR ACCESSED IN CONNECTION THEREWITH, AND ANY MEETING LOCATION TO WHICH YOU AGREE, WHETHER SUGGESTED BY THE SERVICE OR NOT, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
18. Limitation of Liability Regarding Use of Site and App
COMPANY AND ANY THIRD PARTIES MENTIONED ON THIS SITE OR IN THE APP ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, APP, SITE-RELATED OR APP-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, APP, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, APP, SITE-RELATED AND APP-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE, APP AND/OR SUCH SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COMPANY TO YOU WITH RESPECT TO YOUR USE OF SERVICE IS $500 (FIVE HUNDRED DOLLARS).
19. Limitation of Liability Regarding Meeting Services
YOU AGREE NOT TO HOLD COMPANY LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO THE CONDUCT, ACT OR OMISSION OF ANY USER OR THIRD PARTY, ANY DISPUTE WITH ANY USER OR THIRD PARTY, AND ANY DESTRUCTION OF YOUR INFORMATION. COMPANY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM THIRD PARTIES IN CONNECTION WITH THE SERVICE. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT COMPANY IS LIABLE FOR DAMAGES IN CONNECTION WITH THE MEETING SERVICES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT PAID FOR SUCH MEETING SERVICES.
20. Dispute Resolution; Arbitration Agreement.
We will try to work in good faith to resolve any issue you have with the Service if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
You and Company agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Service or your use of the Service, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Service and any other contractual relationship between you and Company.
If you desire to assert a claim against Company, and you therefore elect to seek arbitration, you must first send to Company, by certified mail, a written notice of your claim ("Notice"). The Notice to Company should be addressed to: P.O. Box 901612, Kansas City, MO 64190 ("Notice Address"). If Company desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Company, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Service, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Service, including this arbitration agreement. Unless Company and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Company’s last written settlement offer made before an arbitrator was selected (or if Company did not make a settlement offer before an arbitrator was selected), then Company will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Service shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Kansas City, Missouri.
21. Additional Apple Terms
The following additional terms and conditions apply with respect to the Service if used on an Apple iOS-powered mobile device (“iOS App”):
a. You acknowledge that these Terms of Service are concluded between you and Company only, and not with Apple. Company, and not Apple, is solely responsible for Company’s iOS App and the services and Content available thereon.
b. You agree that your license to use the iOS App is limited to an Apple iOS-powered mobile device that you own or control and that your use of Company’s iOS App shall be subject to the Usage Rules set forth in Apple’s then-current App Store Terms of Service.
c. You and Company agree that Apple shall have no obligation to provide maintenance and support services with respect to Company’s iOS App.
d. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Company’s iOS App.
e. You agree that Company, and not Apple, is responsible for addressing any claims by you or any third party relating to Company’s iOS App or your possession and/or use of Company’s iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. You agree that Company, and not Apple, is responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to Company’s iOS App or your possession and use of Company’s iOS App.
g. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. You and Company agree that Apple and Apple’s subsidiaries are third party beneficiaries to the terms of service applicable to Company’s iOS App. Upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof.
22. Additional Android Terms
The following additional terms and conditions apply with respect to the Service if used on an Android-powered mobile device (“Android App”):
a. You acknowledge that these Terms of Service are concluded between you and Company only, and not with Google, Inc. (“Google”). Company, and not Google, is solely responsible for Company’s Android App and the services and Content available thereon.
b. You agree that your use of Company’s Android App shall be subject to the then-current Android Market Terms of Service.
c. Google Inc., as provider of the Android Market, shall have no obligation or liability to you with respect to Company’s Android App or these Terms of Service.
d. You acknowledge and agree that Google is a third party beneficiary to the Terms of Service applicable to Company’s Android App.
23. Revisions; General
Company reserves the right, in its sole discretion, to terminate your access to all or part of the Service, with or without cause, and with or without notice. In the event that any of the Terms of Service are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect. These Terms of Service constitute the entire agreement between Company and you pertaining to the subject matter hereof. In its sole discretion, Company may from time-to-time revise these Terms of Service by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Service, so you are aware of any such revisions to which you are bound. Your continued use of the Service after revisions to these Terms of Service shall constitute your agreement to the revised Terms of Service. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages within the Site or the App.
Last revised: November 3, 2016
Information That We Collect
How We Use and Share Your Information
Access to Your Information and Choices
Security of Your Information
Consent to Processing of Personal Data in United States
Questions and How Contact Us
Terms of Service. Please note that your use of the Service is also subject to our Terms of Service.
2. INFORMATION THAT WE COLLECT
Information You Provide to Us
We collect information you provide to us, for example when you create or modify your account, register to use our Site or App, schedule meetings and negotiate related agreements via the Meeting Services, request information from us, contact customer support, or otherwise communicate with us. This information may include:
● Billing address
● Email address
● Telephone number
● Credit/debit card number (solely for payment purposes)
● Bank or financial account number
● User generated content (feedback regarding other Service users, blog posts, other feedback, comments, photos, videos, messages)
Information We Collect Through Your Use of the Service
We collect certain information automatically as you use the Service, such as:
● Persistent cookies
● Session cookies
● Local Shared Objects (flash cookies)
● Web beacons / pixel tags
We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Service. Google Analytics uses “cookies”, which are text files placed on your computer or mobile device, to help the Site or the App analyze how users use the Service. You can find out more about how Google uses data when you visit our Site or the App by visiting “How Google uses data when you use our partners' sites or apps”, (located at www.google.com/policies/privacy/partners/). We may also use Google Analytics Advertising Features or other advertising networks to provide you with interest based advertising based on your online activity. For more information regarding Google Analytics please visit Google's website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html. To learn more about interest-based advertisements, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org).
Information Collected Through Cookies and Similar Technologies
No Information from Children Under Age 13
If you are under the age of 13, please do not (i) attempt to register with us at the Site or the App, (ii) attempt to use the Service, or (iii) provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe we have collected personal information from a child under the age of 13, please Contact Us, or call us at 636-36-AGREE (636-362-4733).
3. HOW WE USE AND SHARE YOUR INFORMATION
To Provide Services and Information. We collect information from you in order to provide services that you purchase or access using the Site or the App; register and service your user account; provide information that you request from us; process credit card and debit card transactions; send you newsletters, advertisements or other information about the Company and its products and services; administer surveys and promotions; provide interest-based targeted advertising to you; and improve customer service and product offerings.
Additionally, each time you agree to a meeting with another Service user in connection with your use of the Service, we will share your geo-location information with such other Service user only while you and such other Service user are within 500 feet of each other. Your geo-location information will not be shared with any other Service user that is further than 500 feet from you at the time of such meeting. The sharing of your geo-location information will begin at the sooner to occur of (i) your mutually agreed upon meeting start time, or (ii) when you click the “I’m Here” or “Show Location” buttons in the App prior to the your mutually agreed upon meeting start time. Once shared, your geo-location information will continue to be shared for the duration of your mutually agreed upon meeting.
We belong to ad networks that may use your browsing history across participating websites to show you interest-based advertisements on those websites. Currently, our Site does not recognize if your browser sends a “do not track” signal or similar mechanism to indicate you do not wish to be tracked or receive interest-based ads. To learn more about interest-based advertisements, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org).
Your Consent. In addition to the sharing described elsewhere in this Policy, we will share personal information with companies, organizations or individuals outside of Company when we have your consent to do so.
Legal Proceedings. We will share personal information with third party companies, organizations or individuals outside of Company if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
● Meet any applicable law, regulation, subpoena, legal process or enforceable governmental request.
● Enforce applicable Terms of Service, including investigation of potential violations.
● Detect, prevent, or otherwise address fraud, security or technical issues.
● Protect against harm to the rights, property or safety of Company, our users, customers or the public as required or permitted by law.
For the avoidance of doubt, we reserve the right to share your personal information with law enforcement if you are suspected of any illegal behavior.
4. ACCESS TO YOUR INFORMATION AND CHOICES
If you desire to modify and update information and preferences we have relating to your account, you may do so by signing into your account and going to the Settings page of the App. If you have questions about personal information we have about you or need to update your information, you can call us at 636-36-AGREE (636-362-4733), email us at firstname.lastname@example.org, or contact us by mail at 1520 Clay St. suite E3, Kansas City, Missouri 64116. You can opt-out of receiving marketing and promotional e-mails from Company by using the opt-out or unsubscribe feature contained in the e-mails.
You can close your online account by sending an email to email@example.com with the subject line “Close Account.” If you close your account, we will no longer use your account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud.
5. SECURITY OF YOUR INFORMATION
We use industry standard physical, technical and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails and other communications you send to us through our Site or the App are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
6. CONSENT TO PROCESSING OF PERSONAL DATA IN UNITED STATES
If you are a resident of the European Economic Area (EEA), in order to provide our Site, the App, and our services to you, we may send and store your personal information (also commonly referred to as personal data) outside of the EEA, including to the United States. Accordingly, your personal information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your personal information. We are committed to protecting the privacy and confidentiality of personal information when it is transferred. Where such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as within the EEA to the extent feasible under applicable law. By using and accessing the Service, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of personal information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.
8. QUESTIONS AND HOW TO CONTACT US
The Agreeable Company, LLC
1520 Clay St. Suite E3
Kansas City, Missouri 64116