Last Updated August 4th, 2016
AlgoLift Terms of Service
PLEASE READ THESE TERMS OF SERVICE (THESE “TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY AlgoLIft, Inc., A DELAWARE CORPORATION (“AlgoLift,” “WE” OR “US“). THESE TERMS SET FORTH THE TERMS, CONDITIONS, AND LIMITATIONS OF YOUR USE OF HTTP://ALGOLIFT.COM (THE “SITE“), ALGOLIFT’s PLATFORM (“ALGOLIFT PLATFORM“) AND THE DATA OFFERED THROUGH THE ALGOLIFT PLATFORM (THE “DATA“), THE “SERVICES” .
We may, in our sole discretion, modify these Terms with or without notice to you. The “Last Updated” date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms has been modified, you are agreeing to such modifications. Therefore, you should review these Terms prior to each use of the Services. In addition, when using particular services or features or making purchases on the Services, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services. AlgoLift may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
If you or the entity you registered on behalf of has executed a written contract with AlgoLift, containing terms of service, the terms of such written contract will control over any conflicting terms in these Terms.
Service Usage; Termination of Usage
As a condition to using the Services, you may be required to register with AlgoLift by providing personal information and selecting a password and entering your email address (“AlgoLift User ID“). You hereby acknowledge and agree to provide AlgoLift with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You may not: (i) select or use as an AlgoLift User ID a name of another person with the intent to impersonate that person; (ii) use as an AlgoLift User ID a name subject to any rights of a person other than you without appropriate authorization. AlgoLift reserves the right to refuse registration of, or cancel an AlgoLift User ID in its discretion. You shall be responsible for maintaining the confidentiality of your AlgoLift password, and are fully responsible for all activities that occur under AlgoLift User ID. You agree it is your responsibility to: (a) immediately notify AlgoLift of any unauthorized use of your AlgoLift User ID or any other breach of security; and (b) ensure that you exit from your account at the end of each session.
You further agree that you will not access the Services by any means except through the interface provided by AlgoLift for access to the Services. Creating or maintaining any link from another website or application to any page or functionality on the Services without the prior written authorization of AlgoLift is prohibited. Running or displaying the Services or any information or material displayed on the Services in frames or through similar means on another website or application without the prior written authorization of AlgoLift is prohibited. Any permitted links to the Services must comply with all applicable laws, rules, and regulations.
These Terms are effective unless and until terminated by either you or AlgoLift. You may terminate these Terms at any time, provided that you discontinue any further use of the Services. AlgoLift also may terminate or suspend these Terms, at any time, without notice, and accordingly deny you access to the Services, for any reason, including without limitation, if in AlgoLift’s sole discretion you fail to comply with any term or provision of these Terms or your use is harmful to the interests of another user or AlgoLift and its Affiliated Parties (as defined below), and/or their respective business partners. Upon any termination of the Terms by either you or us, you must promptly stop using the Services and destroy all materials downloaded, as well as all copies of such materials, whether made under the Terms or otherwise. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and any provisions regarding your use of confidential and/or proprietary information.
AlgoLift reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms, you agree that AlgoLift and its Affiliated Parties (as defined below) shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Services.
AlgoLift does not guarantee that the Services will be operable at all times or during any down time caused by any of the following: (i) caused by outages to any public Internet backbones, networks or servers; (ii) failures of your equipment, systems or local access services; (iii) previously scheduled maintenance; or (iv) events beyond AlgoLift’s (or affiliated parties’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where AlgoLift (or its affiliated parties) or your servers are located or co-located. For users of the Analytics Services, complete accuracy in all aspects of your statistics at all times also is not guaranteed. It is your responsibility to ensure that your systems and applications are functioning correctly and sending accurate data, to AlgoLift.
By registering for our Analytics Services, you hereby acknowledge and agree that AlgoLift will act on behalf of, and at your direction, in storing your data. Further, by using the Analytics Services, you represent and warrant that the data provided by you to AlgoLift is compliant with the provisions of the Facebook Terms of Service and that the data is collected from end-users that have agreed to the Facebook Terms of Service with proper consent. You further warrant that your collection and usage of data through AlgoLift’s Services abide by applicable privacy laws, and any applicable third-party data use terms.
USE OF DATA PROVIDED TO YOU BY ALGOLIFT. The user data that AlgoLift collects on your behalf is your data, that may also include data that you have been licensed to collect and use by third parties, being governed by data use terms between you and that third party. Aggregated data derived only from your user data and provided by the AlgoLift dashboard is also your data. AlgoLift may collect, compile and aggregate transactional data based on the Services activity originating from your mobile applications (“Product Data”). AlgoLift may only use Product Data in the following manner: (i) AlgoLift may retain a copy of the Product Data as necessary to comply with applicable law, (ii) AlgoLift may use the Product Data for the purpose of providing and improving the Services, and (iii) AlgoLift may use the Product Data solely in aggregate, non-identifiable form (i.e., not identifying you or any end user) for AlgoLift’s legitimate business purposes, provided that AlgoLift may not at any time disclose Product Data in a form that identifies you and/or any end user of your mobile application to a third party without your prior written authorization.
Fees and Payment
If you are a user of our Services, you will be billed on a monthly basis, at the current pricing rates for your chosen package, in arrears. Cancellation notices must be submitted by email to: support@AlgoLift.com or mailed to 401 Wilshire Blvd 12th Floor, Santa Monica CA 90401, and termination will be deemed effective at the existing contract end date.
Connectivity and Communications
You must have an internet-enabled device using an operating systems supported by AlgoLift in order to access the AlgoLift Platform. Normal carrier charges and taxes may apply to any content you obtain from the Services. AlgoLift is not responsible for any surcharges you incur from your mobile phone or internet service provider as a result of the use of the Services. In the event you change or deactivate your mobile device, any content such as awards collected, or coupons received will not transfer to your new device.
You agree that you will not (or authorize or encourage any third party to) use the AlgoLift Platform, or the Services, generally, to:
1. upload, post, email or otherwise transmit any content that is unlawful,
abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s
privacy, hateful, or racially, ethnically or otherwise unlawful or objectionable (including without
limitation, nudity and depiction of drug use);
2. impersonate any person or entity, including, but not limited to a representative of
falsely state or otherwise misrepresent your affiliation with a person or entity;
3. forge data or otherwise manipulate identifiers in order to disguise the origin of any content
transmitted through the Services;
4. upload, post, email or otherwise transmit any content that you do not have a right to
under any law or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
5. upload, post, email or otherwise transmit any content that infringes any patent, trademark,
secret, copyright or other proprietary rights of any party;
6. interfere with or disrupt the Services or servers or networks connected to the Services, or
disobey any requirements, procedures, policies or regulations of networks connected to the Services;
7. “stalk” or otherwise harass another; and/or
8. “bot,” “hack,” “crack,” or otherwise attempt to circumvent any access control, copyright
protection or license-enforcement mechanisms associated with or related to the Services.
You may submit reviews or other feedback using forms on the Services. Any comments, suggestions, or feedback relating to the Services (collectively, “Feedback“) submitted to AlgoLift shall become the property of AlgoLift. AlgoLift will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including without limitation, product, application, site, Services or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the Services, or operations, in the future. Without limitation, AlgoLift will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not AlgoLift, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Links; Third Party Websites
Links on the Services to third party websites and applications are provided only as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. You agree that AlgoLift will not be responsible or liable for any content, goods or services provided on or through these outside websites or applications or for your use or inability to use such websites or applications. You will use these links at your own risk. You are advised that other websites on the Internet and mobile applications, including third party websites and applications linked from the Services, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. AlgoLift expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your correspondence or business dealings with, participation in promotions of or purchases from, advertisers or third party applications found on or through the use of the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party application provider. You agree that AlgoLift and its Affiliated Parties shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party application providers on the Services.
General Disclaimers; Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, ALGOLIFT, ITS SUBSIDIARIES AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATED PARTIES“) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, ALGOLIFT AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALGOLIFT AND ITS AFFILIATED PARTIES OR ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ALGOLIFT AND ITS AFFILIATED PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY LIABILITY (A) AS A PUBLISHER OF INFORMATION, (B) FOR ANY INCORRECT OR INACCURATE INFORMATION, (C) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (D) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, OR (E) FOR ANY OTHER MATTER RELATING TO THE SERVICES OR ANY THIRD PARTY WEBSITE OR APPLICATION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ALGOLIFT AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF ALGOLIFT AND AFFILIATED PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY INFORMATION OR SERVICE PURCHASED BY YOU FROM ALGOLIFT ON THE SERVICES DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE RELEVANT CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ALGOLIFT ANY AMOUNTS FOR ANY INFORMATION OR SERVICE PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ALGOLIFT IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
By agreeing to use the Services, you, on behalf of your organization, expressly authorize AlgoLift, to produce, publish, and share a case study on AlgoLift’s website about your organization’s use of AlgoLift, and allow AlgoLift to use your organization’s name and logo in self-promotional materials such as press releases, advertisements, brochures, etc., without compensation.
The Services are controlled and operated by AlgoLift from within the United States of America, and is intended for use only by residents of the United States. AlgoLift makes no representations or warranties that the content or materials of the Services are appropriate or lawful in any foreign countries, or that any items or applications offered for sale or download through links on the Services will be available outside the United States. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If you reside outside of the United States, by using the Services, you consent to the transfer, processing and use of your information outside your country.
Dispute Resolution, Arbritration Agreement and Class Waiver
You and AlgoLift agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate an arbitration, AlgoLift will promptly reimburse you for any standard filing fee which may have been required under AAA's Procedures once you have notified AlgoLift, in writing and provided a copy of the arbitration proceedings. However, if AlgoLift is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to AlgoLift, including the $125 filing fee.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against AlgoLift and may not preside over any kind of representative or class proceeding against AlgoLift. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST AlgoLift IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A PRODUCT AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE PRODUCT PURSUANT TO OUR RETURN POLICY TO GET A FULL REFUND.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these Terms, the term “including” shall be deemed to be followed by the words “without limitation.”
The failure of AlgoLift and its Affiliated Parties to insist upon strict adherence to any term of these Terms shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of these Terms.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services or these Terms must be filed within one year after such claim or cause of action arose, or will be forever barred. The “General Disclaimers; Limitation of Liability” provisions of these Terms are for the benefit of AlgoLift and its Affiliated Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
If you have any comments, questions, or complaints regarding these Terms or the Services, or wish to report any violation of these Terms, please contact us. We will address any issue to the best of our abilities as soon as possible.