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1000 More Terms of Use

Acceptance of the Terms of Use

These terms of use are entered into by and between You and 1000 More LLC, a Delaware limited liability company ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the 1000 MORE mobile or web-based application including any content, functionality, and services offered on or through 1000 MORE mobile or web-based application (the "App"). Please read these Terms of Use carefully before you start to use the App. By clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the App. This App is offered and available to users who are 14 years of age or older, and reside in the United States or any of its territories or possessions. If you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may only use this App with the approval of your parent or guardian. By using this App, you represent and warrant that you are of legal age to form a binding contract with the Company, or have the requisite permission of your parent or guardian, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App.

Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction section hereof will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the App. Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Mobile Services

To the extent you access the App and use any communication features, your wireless service carrier's standard charges, data rates and other fees may apply. By using the App, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the App may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your account information on the App to ensure that your messages are not sent to the person that acquires your old number.

Accessing the App and Account Security

We reserve the right to withdraw or amend this App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the App.
  • Ensuring that all persons who access the App through your internet connection, personal computer, or mobile device are aware of these Terms of Use and comply with them.

To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with this App or otherwise, including, but not limited to, through the use of ant interactive features of the App, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Except as expressly authorized by these Terms of Use, you may use the App for personal, non-commercial uses only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App; except as follows:

  • Your mobile device or personal computer may temporarily store copies of such materials incidental to our accessing and viewing those materials; or
  • If we provide social media features with certain comment, you must take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this App;
  • Use any illustrations, photographs, videos or audio sequences, or any graphics separate from the accompanying text; or
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the App other than set out in this section, please address your request to: dseante@1000more.com If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of these Terms of Use, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the term “1000 MORE”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.

Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms of Use;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or other identifiers associated with any of the foregoing);
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App, or expose them to liability;
  • Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App, including their ability to engage in real time activities through the App;
  • Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App;
  • Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the App;
  • To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App;
  • To attack the App via a denial-of-service attack or a distributed denial-of-service attack; or
  • To otherwise attempt to interfere with the proper working of the App.

Monitoring and Enforcement; Termination

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
  • Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND/OR ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Changes to the App

We may update the content on this App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the App

All information we collect on this App is subject to our Privacy Policy . By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Identity Authentication and Residency Verification

You hereby authorize the Company, directly or through third parties, to make any inquiries we consider necessary to validate your identity, place of residency, and/or authenticate your account information. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial accounts, and verifying your information against third party databases or through other sources.

Linking to the App and Social Media Features

You may link to our App’s web-based homepage, provided you do so in a way that is fair and legal and does not damage our representation or take advantage of it. You may also link to our App’s page in any of the mobile digital distribution platforms it is made available (“App Store”), provided you do so in a way that is fair and legal, does not breach any agreement between you and the linked App Store, and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent. This App may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this App.
  • Send emails or other communications with certain content, or links to certain content, on this App.
  • Cause limited portions of content on this App to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Cause the App or portions of it to be displayed on, or appear to be displayed by, any other site or application, for example, framing, deep linking, or in-line linking.
  • Otherwise take any action with respect to the materials on this Application that is inconsistent with any other provision of these Terms of Use.

The website or application on which you make certain content accessible must comply in all respects with the content standards set forth in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the App

If the App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the App is based in the State of New York in the United States. We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

CONSTITUENTS

Users that hold a constituent account (“Constituents”) may use, consistent with these Terms of Use, all services provided by the App for Constituents, including but not limited to: viewing educational resources regarding legislation and elected officials, donating to Advocacy Groups (defined below), and communicating with Officials (defined below).

Donations

The App allows you to make donations and request that donations be disbursed to a specific Advocacy Group (defined below). To comply with federal tax laws and Internal Revenue regulations, Advocacy Groups retain legal control over any donations they receive, and they also retain the authority and discretion to re-grant the funds from your donation to other organizations as it sees fit.

Acceptance of donations by an Advocacy Group through the App does not represent said Advocacy Group’s express or implied endorsement of (1) the positions, opinions, products or services of any person or its employees, or partners or other business concerns in which such person has a material financial ownership, or (2) positions or opinions on any specific piece of legislation, lobbying effort, or political position.

The App does not have any affiliation with any Advocacy Group. The collection of donations through the App for an Advocacy Group does not constitute an endorsement by the Company of said Advocacy Group or any Officials, campaigns, parties or other organizations related to said Advocacy Group.

Donations to Advocacy Groups are not subject to any contributions limits. You may make unlimited donations to these groups on the App. The Company cannot be responsible for your treatment of these donations on your tax returns. It is your responsibility to report your donations accurately as required and to pay your taxes. We recommend consulting your tax adviser or tax preparer if you have any questions.

You agree to a 5% processing fee for your donation. You agree and acknowledge that all donations are final and will not be refunded unless the Company, in its sole discretion, agrees to issue a refund.

External Communication with Officials

The App facilitates communication, via email [or] phone [or Twitter], with elected officials and policymakers (collectively, “Officials”) by accessing your mobile device’s or personal computer’s email [or] phone functionality [or Twitter account] (collectively, “Third-Party Services”). Although the Company strives to provide the correct contact information for Officials, we make no warranties such information is accurate, complete, reliable or current.

By contacting Officials through the App’s email [or] phone feature [or Twitter], you warrant that you have the permission of the relevant Third-Party Services (i.e. email service platforms, including Gmail, Outlook, etc.; phone communication services, including your carrier’s phone service, Google Voice, etc.; [Twitter]) for us to access these Third-Party Services.

For communications with Officials, we will provide you with an editable template message (for email communications [or Twitter communications]) and a sample call script (for phone communications). While you may deviate from this template message or sample call script, the Company disclaims all liability and responsibility for any deviations from the language provided. Furthermore, any deviations must not include any language that may indicate an endorsement, association, or approval of the communication by the Company.

Reliance on Information Posted

The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its contents.

The Company does not warrant that information regarding Officials on the App is accurate, complete, reliable or current. Information about Officials is provided for informational purposes only and does not constitute an endorsement by the Company of any Officials, campaign, party or other organization. The Company is not soliciting contributions on behalf of any Officials or party.

There is absolutely no assurance that any statement contained in an article touching on legal matters is true, correct, or precise. The legal information provided on the App is of a general nature and cannot substitute for the advice of a licensed professional. Nothing on the App should be construed as an attempt to offer or render a legal opinion or otherwise engage in the practice of law.

ADVOCACY GROUPS

Users that represent an organization and hold an advocacy group account (“Advocacy Group”) may use, consistent with these Terms of Use, all services provided by the App for Advocacy Group accounts, including but not limited to: providing informational material to the Company for posting on the App, collecting donations made through the App, and accessing Donor Data (defined below) and Donor Lists (defined below) consistent with the provisions set out in Donor Lists and Data. The creation of an Advocacy Group account and use of the aforementioned services is conditional on paying a monthly or annual subscription fee to the Company (“Advocacy Fee”). Failure to renew your Advocacy Group account by paying an additional Advocacy Fee on or before the expiry date of your subscription will result in a hold on your account (“Hold”). A Hold will result in your organization’s removal from the list of donation options for Constituents. At any time thereafter, you may remove the Hold by renewing your Advocacy Group account after paying the Advocacy Fee.

Advocacy Group Information and License to use Trademark

You, as an Advocacy Group, warrant that you are an authorized representative of the organization able to bind said organization to these Terms of Use, and to provide information to us on behalf of the organization. You further warrant that all information concerning your organization provided to us is accurate, complete, and not likely to deceive reasonable Constituents. Finally, you hereby grant the Company a worldwide, non-exclusive, royalty-free, perpetual license to use your trademarks, including but not limited to your logo and name, for use in the App.

Collecting Donations through the App

After processing by the Payment Processor (defined below), each donation made through the App to your organization will be credited to the financial account you provide. You, as an Advocacy Group, are responsible for ensuring that the bank account information you provide is accurate and up to date.

It is your responsibility to determine what, if any, taxes apply to the donations you receive through your use of the App. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

Donor Lists and Data

An Advocacy Group may request Donor Lists (defined below) and Donor Data (defined below) related to any and all donations made to the Advocacy Group for compliance and transactional purposes. “Donor Data” shall mean a Constituent’s name, address, email address, donation amount, date of transaction, transaction identification number. THE LIST OF DONORS WHO CONTRIBUTE TO AN ADVOCACY GROUP THROUGH THE APP (“DONOR LISTS”) ARE PROVIDED “AS IS”, AND THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. By using these Services, all Constituents consent to the disclosure of such Donor Lists and Donor Data described in this Section.

GOVERNMENT OFFICES

Users that represent a local, state, or federal government office or agency and hold a government office account (“Government Office”) may use, consistent with these Terms of Use, all services provided by the App for Government Office accounts, including viewing Constituency Data (defined below). You warrant you are an authorized representative of the government office or agency and able to bind said office or agency to these Terms of Use.

Constituency Data

Consistent with our Privacy Policy, a Government Office may view data related to Constituents, including but not limited to: address, email address, donation amount, donation recipient and position on legislation. In order to access said data, the Government Office must pay an annual fee to the Company. Access to data will remain only as long as the Government Office is current on fees owed to the Company.

No Solicitation

The Company merely provides the technology to allow Advocacy Groups to connect with Constituents. Providing the feature to donate to Advocacy Groups is not a solicitation of donations by the Company, and the Company does not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using the App, you understand and agree that the Company shall not be responsible for the use of your donations.

Payment Processor

The Company is not a payment processor and does not hold any funds. Instead, the Company uses third-party payment processing partners to process donations (“Payment Processor”). You acknowledge and agree that the use of Payment Processors are integral to the Services and that we exchange information with Payment Processors in order to facilitate donations through the App.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE PHONE EQUIPMENT, MOBILE PHONE APPLICATIONS, PERSONAL COMPUTER EQUIPMENT, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT. YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY APPLICATIONS OR WEBSITESD LINKED TO IT, ANY CONTENT ON THE APP, OR SUCH OTHER APPLICATIONS OR WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, any use of the App’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.

Governing Law and Jurisdiction

All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the internal laws of the Commonwealth of Massachusetts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policyconstitute the sole and entire agreement between you and the Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.