ROCKDAISY END USER LICENSE AGREEMENT
This End-User License Agreement has been last updated on August 11, 2021.
By purchasing, accessing, and/or using the RockDaisy Athletic Management System web application or RockDaisy Athletic Management System Lite web application (collectively, “App”), or by purchasing or creating an account for the www.RockDaisy.com website (such domain and all webpages attributed thereto, collectively “Website”) or App or other related services (App, website, and related services collectively referred to as “Services”) from RockDaisy LLC ("Company", "us" or "we"), you indicate that you have read and agree to the updated End User License Agreement (“EULA”), and agree to be bound by all of its terms and conditions. We reserve the right, in our sole discretion, to change, modify, add, or remove portions of the EULA at any time. We encourage you to review the EULA periodically; upon your use or access to the Services, you agree to the latest-updated EULA in effect at such time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means.
NEITHER THE APP NOR ANY OTHER SERVICES ARE INTENDED TO ACT AS, OR BE A SUBSTITUTE FOR, MEDICAL ADVICE. THE COMPANY MAKES NO REPRESENTATION THAT THE APP OR OTHER SERVICES MAY BE USED FOR ANY MEDICAL DIAGNOSIS, HEALTH OR WELFARE IMPROVEMENT, OR TREATMENT WHATSOEVER. CONSULT YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROFESSIONAL BEFORE USING ANY APP OR OTHER SERVICE FOR YOUR WELL-BEING OR FOR USE FOR A MEDICAL CONDITION, AND BEFORE ENGAGING IN ANY NEW EXERCISE ROUTINE.
You represent and warrant that you own or control the device in which the Services will be used, and that you have the right, authority and capacity to enter into this EULA and be bound by all its terms and conditions. This EULA also applies to any updates, supplements, and services that are not provided under a separate agreement with us.
YOU REPRESENT AND WARRANT THAT YOU WILL CREATE ONLY ONE ACCOUNT FOR USE OF THE APP OR ANY SERVICES. IF YOU REQUIRE MULTIPLE ACCOUNTS FOR ANY REASON WHATSOEVER, YOU MUST CONTACT ROCKDAISY LLC FOR CONSENT BEFORE CREATING A NEW ACCOUNT. ONLY ONE SUBSCRIPTION TO THE APP MAY BE PURCHASED OR USED BY ANY ACCOUNT AT ONE TIME.
The terms of the license may be amended only by a separate written agreement between you and the Company, or between the Company and the third-party that provided you the license; in such case the terms of that separate agreement shall govern and supersede any conflicting terms herein pertaining to your license, regardless of which was first executed. If no such separate written agreement exists, no rights are granted to you pertaining to the App or other Services other than as explicitly provided to you herein, and Company reserves the right to enforce the terms of these restrictions to the fullest extent of the law, including but not limited to seeking monetary damages or injunctive relief.
Upon payment for the App or Services through the Company or through a third-party provider (or, in the event of a free trial, upon creating an account for such free trial), Company grants you a limited, non-assignable, non-exclusive, revocable, non-sublicensable, non-transferable license, to access and use most current version of the App solely for your lawful, personal, and non-commercial entertainment use, subject to all terms and conditions herein. All purchases of the App are non-refundable by the Company, subject to applicable law. If you purchased the App through a third-party provider, review that provider’s terms of service for additional refund information.
You may not rent, sell, lease, sublicense, distribute, assign, copy, or in any way transfer or grant any rights to the Services or use the Services for the benefit of any third party. You agree that you will not use any device or software to attempt to interfere with the proper working of the App. You may not violate or attempt to violate the security of our Services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any App or Service, or the source code thereof, nor may you access such source code, except that you are permitted to view the HTML code as provided by your browser’s basic and lawful functions. The App, the Services, and all underlying source code and software are the sole property of the Company. You may not create derivative works of any App, Services, website or any portions thereof. Notwithstanding the foregoing, some components of the App are open source code and separately subject to open source licenses of their respective authors, as provided in the credits within the source code. The App is now and shall remain a proprietary product of Company and is protected by copyright law and international treaty. Except as specifically provided herein, all rights, title and interest in the App, and any copy, modification, update, derivation, or merged portion of the App shall at all times remain with Company. Nothing in this EULA shall act or be deemed under any circumstances to grant or transfer title in the App and/or any improvements thereon to you or any third party.
If you are explicitly permitted by separate written instrument to sublicense your license, you agree not to permit any party other than those authorized by written agreement with the Company to use or access the Services, and you shall be wholly liable for all such unauthorized use or access. You shall further be liable for all breaches of this EULA and other governing documents by your sublicensees. You agree that you assume that risk and shall mitigate your risk by ensuring your sublicensees have read and understood all terms of this EULA and other governing license documents.
Upon creating an account and/or obtaining a license, you shall be prompted to select from a set of predetermined groups of features and Services, each for a specific term and Fee (“Subscription Tiers”). The Website provides a rough outline of those features, Services, terms, Fees, and Athlete usage of each basic Subscription Tier. THE FEATURES AND SERVICES DESCRIBED ON THE WEBSITE ARE FOR ILLUSTRATIVE PURPOSES, AND MAY NOT ALWAYS BE AVAILABLE, MAY BE DISABLED TEMPORARILY OR PERMANENTLY, AND MAY MATERIALLY DIFFER FROM THOSE ACTUALLY PROVIDED IN THE APP FOR THAT SUBSCRIPTION TIER. Company may further provide you a separate written agreement that defines a custom Subscription Tier not described on the Website. No user shall be entitled to any Services or features of the App that are not included in the Subscription Tier purchased. Upon the expiration of a term, Company reserves the right to alter the terms, conditions, Fee, and features of your Subscription Tier prior to the commencement of the subsequent term, or to create or delete Subscription Tiers and permit you to select a different one prior to the subsequent term.
Company reserves the right to add or remove features or functions to the App and subsequently release an updated version, which may automatically take effect. Company may require you to use the most updated version of the App in order to access some or all of its features, and as such you may be required to have access to the internet, at your expense, for the App to function. You may be required to accept any updated EULAs before using a new App update. You acknowledge and agree that we have no obligation to provide you any updates or alternate versions of the App.
You are solely responsible for any costs you incur to access the Apps from your device, including without limitation internet, equipment, devices, and/or service plans. Company makes no representation that the App can be accessed on all devices or wireless service plans. Company makes no representation that the App is available in all languages or that the Apps are appropriate or available for use in any particular location. The Company makes no representation that the App can be used on all versions of all operating systems or browsers; you understand and acknowledge that App updates may cause the App or some of its features to cease working on some devices, browsers, or operating systems, particularly if they are not the most current versions thereof.
If your Subscription Tier includes a free trial period, you acknowledge and agree that at the conclusion of the period of free Services offered, you shall pay, and you authorize Company to charge, the annual amount due for a 1-year term of the license (“Fee”). The Fee shall be non-refundable. You will not be charged a Fee if you notify the Company in writing of your desire not to continue your subscription before the free trial period has expired. The free trial period is for new users only, and shall not be granted if a free trial period has been granted to such user or account in the past, regardless of any promotions or advertisements then in effect.
NOTWITHSTANDING THE FOREGOING, NO USER SHALL BE ENTITLED TO MORE THAN ONE FREE TRIAL PERIOD, INCLUDING, BUT NOT LIMITED TO, USERS WITH MULTIPLE ACCOUNTS, USERS WHO HAVE SIGNED UP FOR MULTIPLE SUBSCRIPTIONS, USERS WHO HAVE SIGNED UP FOR PAST SUBSCRIPTIONS, AND USERS WHO CREATE AN ACCOUNT ON BEHALF OF OTHER USERS WHO HAVE RECEIVED A FREE TRIAL PERIOD. COMPANY RESERVES THE RIGHT TO CHARGE A FEE FOR THE RESPECTIVE SUBSCRIPTION SERVICE IN THE EVENT A USER SIGNS UP FOR A SUBSCRIPTION SERVICE AFTER HAVING RECEIVED A FREE TRIAL PERIOD IN THE PAST. YOU REPRESENT AND WARRANT THAT YOU HAVE NOT RECEIVED A PAST FREE TRIAL PERIOD AND A BREACH OF THIS REPRESENTATION IS A MATERIAL BREACH OF THIS EULA.
As consideration for the license to use the App, in addition to all other terms covenants provided herein, you shall pay to Company a Fee in the amount specified on the Website for your particular Subscription Tier. The Fee shall be due and payable upon expiration of any applicable free trial, except that (i) the Fee shall be immediately due and payable upon use if you are not eligible for a free trial, and (ii) no Fee shall be charged if you have unequivocally cancelled your subscription in writing to Company prior to the expiration of your applicable free trial. At the conclusion of the term applicable to your subscription, an additional Fee shall be due and payable for the subsequent renewal term. The Fee amount for renewal terms may be different from the Fee amount charged for prior terms; Company has the right to change or increase its Fees, change its Subscription Tiers, or discontinue any Subscription Tiers at its discretion. You shall be liable for the Fee posted on the Website for your Subscription Tier as stated 30 days prior to your renewal term, unless Company has expressed to you in writing an alternative Fee for such period.
It shall be deemed a material breach of this EULA to fail to pay any installment of the Fee within 5 business days of when due. In addition to any other rights or remedies granted herein, Company retains the right to stop access to the App and suspend or terminate your account upon default of payment. All payments made to Company under this EULA shall be in US Dollars.
USE OF SERVICES FOR ATHLETES:
You may use the App and Services only for the specified number of third party persons (“Athletes”) as provided in your specific Subscription Tier. It shall be a breach of this EULA to use the App or Services to monitor, record, or input data for more Athletes than is provided for in your Subscription Tier.
YOU REPRESENT AND WARRANT THAT YOU HAVE PROVIDED A COPY OF THIS EULA TO ALL ATHLETES WHOSE INFORMATION YOU INPUT INTO THE APP, THAT YOU HAVE EXPLICIT CONSENT FROM ALL SUCH ATHLETES TO INPUT SUCH DATA, THAT ALL ATHLETES HAVE GIVEN AFFIRMATIVE ASSENT TO THE TERMS AND CONDITIONS HEREIN, THAT IF ANY ATHLETES ARE UNDER THE AGE OF 18 THE FOREGOING FURTHER APPLIES TO SUCH ATHLETE’S PARENTS OR LEGAL GUARDIANS.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY FOR ANY CLAIMS, SUITS, PENALTIES, LIQUIDATED DAMAGES, COSTS, EXPENSES, AND LOSSES, INCLUDING COURT COSTS AND REASONABLE ATTORNEYS FEES, THAT COMPANY, ITS MEMBERS, OR EMPLOYEES MAY INCUR ARISING FROM OR RELATED TO (I) YOUR BREACH OF ANY CLAUSE OF THIS SECTION (USE OF SERVICES FOR ATHLETES), AND (II) ANY AND ALL DATA INPUT INTO THE APP, INCLUDING BUT NOT LIMITED TO DATA CONCERNING ATHLETES.
You are solely responsible for any information of any kind input into the App or other Service (“Content”) you contribute, submit, display or for any adaptations of works made on or through your use of the App(s). It is your obligation to ensure that such Content does not violate any intellectual property rights of any third party. You represent and warrant that you are lawfully authorized to post all Content provided by you, and that all Content is lawful, is not hate speech, does not threaten others, is non-commercial in nature, does not solicit any other persons, does not impersonate any other person, does not contain lewd or inappropriate material, and does not give rise to any third party causes of action, and agree to indemnify Company for any breach of the representations or warranties herein.
By agreeing to this EULA, you grant Company a perpetual license to store, delete, use, sell, manipulate, and alter all Content, subject to the terms herein and applicable law. Such license shall not expire regardless of the termination of this EULA. Company shall be under no obligation to delete such information, except personal information that must be deleted in accordance with applicable law. THE FOREGOING APPLIES TO ALL CONTENT, INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED CONCERNING ATHLETES OR OTHER THIRD PARTIES.
The term of the license and this EULA shall be one year, commencing on the date upon which the license is granted to you pursuant to the terms herein, provided that if the Subscription Tier provides for a free trial period, the term shall expire one year after the date in which the free trial period ends. The term may terminate or expire at an earlier time as provided herein.
At the conclusion of the applicable term, an additional renewal term shall automatically commence immediately thereafter unless you have provided Company written notice of your desire not to renew the term prior to the term’s expiration, subject to the terms and conditions then in effect. You shall be liable for the Fee of the renewal term, due on the first day of such term. The terms and conditions applicable to the renewal term may differ from the prior term and shall be subject to (i) the EULA then in effect upon renewal, (ii) any updates to the features and limitations of the Subscription Tier as provided on the Website, (iii) the Fee then in effect for the Subscription Tier, as posted on the Website, (iv) any separate written agreements between you and the Company with respect to your license to use the App, and (v) if your particular Subscription Tier is no longer offered, then the terms of the alternative Subscription Tier that Company notifies you would apply.
Your rights under this EULA will terminate immediately and automatically without any notice from Company if you fail to comply with any of the terms and conditions of this EULA. Your rights and license with respect to paid services will also terminate upon expiration of any paid subscription purchased by you unless you have renewed or extended the paid subscription and paid in full the subscription amount. You understand that Company, in its sole discretion, may modify or discontinue or suspend your right to access any of our Services or use of any Apps at any time. Further, Company, with or without any reason, may at any time suspend or terminate any license hereunder and disable or alter the App or any of its component features. Temporary suspensions of use for maintenance or other purposes may periodically occur and you shall not be entitled to refund or recourse of any kind.
Company reserves the right to suspend or terminate any account or EULA upon any breach or default by you, and you shall not be entitled to a refund or recourse of any kind. In the event of breach or default by you, termination of your account shall not waive any other rights and remedies available to Company in equity or at law, including but not limited to monetary damages and injunctive relief.
Company may store, use, transfer, or delete any information with respect to your account or your data associated with the account upon termination of the EULA or termination of your license to use the paid Services. You agree that Company shall not be liable to you or any third-party for any termination, alteration, or disabling of the App, website, or other Services, or for disabling or deleting your account, login information, or data associated with your account upon termination of the EULA or your license to use the Services.
Promptly upon expiration or termination of this EULA, you must cease all use of the App and destroy all copies of Apps in your possession or control.
Termination will not limit any of Company's other rights or remedies at law or in equity. All provisions of this EULA with respect to your representations, warranties, indemnification obligations, and unperformed obligations that arose prior to termination shall survive termination or expiration of this EULA or the license for any reason. No rights granted to you with respect to the App, Services, or license thereto shall survive any termination of this EULA or the license.
It is not possible for any software or technology, including the App or Services, to be perfectly secure; you acknowledge and accept that any information you download or offer to share by means of the webpage, App, Service, or otherwise, may be exposed to unauthorized access, interception, corruption, damage or misuse. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your device, Account, username, password, login credentials, data entered, and data provided to you from the Services from unauthorized access, including by such means as using password protection or other security features available on your device. You agree that Company shall not be liable for any unauthorized access to your device or the data related to your account.
The App and Services, including all design, text, images, photographs, illustrations, audio, video, artwork, graphic material, code, content, software, and documentation provided to you by Company are Company's property or the property of Company's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws, none of which are waived. All rights not expressly granted hereunder are expressly reserved to Company and its licensors.
The Company and its tradenames, trademarks, logos and affiliated properties, regardless of whether or not registered, are the exclusive property of Company or its affiliates. All other trademarks appearing on any Service are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through an App. Company intellectual property may not be used in connection with any other product or service, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Company trade names, trademarks or service marks without the Company’s express prior written consent.
TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL APPS AND SERVICES ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT. WITHOUT LIMITATION, COMPANY MAKES NO WARRANTY THAT THE APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE COMPANY PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE APPS WILL MEET YOUR EXPECTATIONS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF OUR APP OR SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT DISTRUBUTED OR INPUT BY YOU. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATION RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTIES. IN JURISDICTIONS WHERE THE FOREGOING DISCLAIMERS ARE INVALID, THE DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY ARE FORBIDDEN BY LAW.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE, NON-USE, OR INABILITY TO USE THE APP OR SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE APP OR SERVICES. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO COMPANY, IF ANY, FOR ACCESSING OR USING THE APP OR SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM THE USE OF THE APP OR YOUR ACCOUNT BY YOU OR BY ANYONE ACTING ON YOUR BEHALF OR WITH YOUR CONSENT, VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT WITH YOUR CONSENT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY COMPANY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
COMPLIANCE WITH LAWS
You agree to comply with all US and international laws, restrictions, and regulations, that govern the import, export, or use of the App or Service.
NOTICE TO US GOVERNMENT END USERS
Any App installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in the Federal Acquisition Regulations, as applicable, and only for as short a duration as lawfully permissible without invoking lesser restrictions. Pursuant to 48 C.F.R. §12.212, the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
Company does not represent or warrant that the App or any part thereof is appropriate, lawful for use, or available for use in any particular jurisdiction. We may limit the availability of the App or Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
You must be 18 years of age or older to use the App and Services. If you are at least 13 (or 16 in the EEA) but not yet 18 years of age, please have your parent, legal guardian, or other lawfully authorized person review this EULA with you, discuss any questions you might have, and purchase the Services for you.
Parents or guardians, by granting your child permission to use and access an App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children's activities. If you do not agree to this EULA, do not let your child use the App or Services or associated features. If you are the parent or guardian of a child under 13 (or 16 in the EEA) and believe that he or she is using the Services, please contact us at email@example.com.
ARBITRATION AND CLAIMS
Except for members residing within a jurisdiction where prohibited by applicable law:
The sole means of resolving any dispute or claim arising out of or relating to this EULA or the App or Services shall be BINDING ARBITRATION administered by the American Arbitration Association by a sole arbitrator. The seat, or legal place, of arbitration and the governing law shall be New York County in the State of New York. The language to be used in the arbitral proceedings shall be English. The foregoing arbitration requirement shall not apply where the case is eligible for, brought before, and adjudicated by a small claims court of competent jurisdiction.
By using the Apps in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be and are undertaken through small claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. Decisions by the arbitrator are enforceable in court and may be overturned by a court only as provided by law. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court proceedings) may be commenced only in the courts of New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. YOU AGREE THAT YOU WILL COMMENCE ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP OR SERVICES WITHIN ONE (1) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED REGARDLESS OF THE APPLICABLE STATUTE OF LIMITATIONS.
Governing Law. The laws of New York, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) the App and Services.
No failure or delay by Company in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
THIS EULA, YOUR SUBSCRIPTION, AND YOUR APP ACCOUNT AND ANY RIGHTS GRANTED TO YOU HEREIN MAY NOT BE SUBLICENSED OR ASSIGNED BY YOU, IN WHOLE OR IN PART, WITHOUT ROCKDAISY LLC’S EXPRESS CONSENT.
This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Apps. The Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Apps if you download or install the Apps through such marketplaces.
If you believe any contents or elements of an App or Service infringe your copyright rights, please contact Company's copyright agent at:
79 Madison Ave
New York, NY 10016
and provide us with all information about the alleged infringement, including your work and evidence of your ownership of such work.
For all questions pertaining to this EULA, please contact:
79 Madison Ave
New York, NY 10016