This product and/or service is operated by Augmodo Inc. (“Augmodo”) (including, but not limited to, the Augmodo website) and related applications, tools and services (collectively, the “Augmodo Services”) and these terms and conditions apply to all websites, applications, tools and services owned, operated, controlled and otherwise made available by Augmodo, its parent, their affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites).
IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS SERVICE, SUBSCRIBING TO AUGMODO SERVICES, PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE AUGMODO SERVICES AND PRODUCTS, AND THE RELATED AUGMODO SOFTWARE, DATA, CONTENT AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “AUGMODO TECHNOLOGY”).
AUGMODO IS WILLING TO PROVIDE YOU WITH ACCESS TO THIS AUGMODO TECHNOLOGY THROUGH THIS SERVICE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM AUGMODO OR ITS AFFILIATES IN CONNECTION WITH THE AUGMODO TECHNOLOGY (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE AUGMODO TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE AUGMODO TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM AUGMODO.
This Agreement represents a legally binding agreement among you, your representatives, and Augmodo. Please be advised that the terms and conditions of this Agreement contain provisions that govern the handling of lawsuits (see “Warranty Disclaimer”, “Waiver of Class Action”, “Limitation of Liability”, “Arbitration” and “Jurisdiction” provisions below (among others)). It also contains a waiver of jury trial and an agreement to arbitrate which will, with limited exception, require you to submit claims you have against Augmodo or Augmodo’s agents to binding and final arbitration.
Authority
By accessing, subscribing, downloading and/or otherwise using the Augmodo Technology, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Augmodo that may be published within the Augmodo Technology.
If you are acting on behalf of a business entity, the principals of the entity hereby join in the entering into and execution of the terms and conditions of this Agreement for the purpose of guaranteeing the performance by you of your obligations under this Agreement.
Intellectual Property
The Augmodo Technology (including, this website) is owned and operated by Augmodo and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2024 Augmodo Inc. All rights reserved. The compilation and arrangement of all content, data and other information found within the Augmodo Technology is also the sole and exclusive property of Augmodo and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the Augmodo Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Augmodo and its licensors and are fully protected under U.S. and international intellectual property laws.
Use of the Augmodo Technology
Subject to the terms and conditions of this Agreement and any third party restrictions, Augmodo grants you a non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access the Augmodo Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the Augmodo Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Service or through the Augmodo Technology; provided that you retain all Augmodo copyright and proprietary notices contained in the original materials or any copies thereof.
All rights not expressly stated herein are reserved by Augmodo and Augmodo disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Augmodo Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the Augmodo Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Augmodo Technology, or any part thereof, including, but not limited to, using any part of the Augmodo Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the Augmodo Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Augmodo, its third-party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use Augmodo Technology to harm minors in any way; (viii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using Augmodo Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Augmodo Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available 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); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the Augmodo Technology or servers or networks connected to the Augmodo Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the Augmodo Technology (including, but not limited, to this Service); and (xiv) “stalk” or otherwise harass another; or (xv) collect or store personal data about other users and the Augmodo Technology content and or usage, including, without limitation, through the use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Augmodo Technology or any related data or information; nor (xvi) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Augmodo Services and/or Augmodo Technology.
You agree not to access the Augmodo Technology by any means other than through the interface that is provided to you by Augmodo for use in accessing the Augmodo Technology.
By posting information or other materials on or within the Augmodo Technology or by making such information available for downloading by you, Augmodo does not waive any proprietary right in and to the Augmodo Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Augmodo Technology except for the limited license expressly granted herein.
Submissions
Subject to any separate agreement between Augmodo and you (including, but not limited to, any services, employment, or independent contractor agreement, collectively, “Additional Agreement”) and/or Augmodo’s Privacy Policy, any and all registration information, descriptions, designs, questions, answers, comments, suggestions, ideas, graphics, videos, content, data, personally identifiable information and any other information that you transmit to Augmodo through the Augmodo Services, Augmodo Technology and/or email (each a “Submission”) may be used by Augmodo anywhere, anytime and for any reason whatsoever, including, but not limited to, our Privacy Policy with respect to our use of your personally identifiable information, and the development and training of artificial intelligence systems. You shall remain the sole and exclusive owner of your Submission, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submissions to Augmodo, you hereby grant Augmodo a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submissions for any legal purposes whatsoever whether now known or hereinafter becoming known unless otherwise subject to additional terms in a separate Additional Agreement.
Any Submission you provide to Augmodo will be deemed public information not subject to any confidentiality obligation and Augmodo shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, Augmodo’s Privacy Policy shall govern Augmodo’s disclosure of such information.
By making a Submission, you waive the right to make any claim against Augmodo or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, shareholders and successors and assignees related to the Submission, including, but not limited to, unfair competition, infringement, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you.
You represent and warrant that your Submissions: (a) shall be true, accurate, current, complete and not misleading, (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights, (c) shall not be fraudulent or involve counterfeit or stolen information or items, (d) shall not violate any law, statute, ordinance or regulation, (e) shall not create any liability for Augmodo, and (f) will not conflict with, result in a breach of, constitute a default under, result in the acceleration of, create in any party the right to accelerate, terminate, modify or cancel, or require any notice under any agreement or arrangement to which you are a party or are bound with a third party. You further represent and warrant that you have the right and authority to make any Submission. You also agree to maintain and promptly update your Submissions by means of the Augmodo Technology in order to keep that information true, accurate, current and complete.
Submission Disclaimer
Augmodo does not and cannot review all Submissions posted to or created by users accessing the Augmodo Technology (including, but not limited to, this Service), and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Augmodo Technology (including, but not limited to, this Service), Augmodo is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though Augmodo may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, profanity or misrepresentation. Notwithstanding the foregoing, Augmodo reserves the right to block or remove communications, postings, or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, inaccurate, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret or other intellectual property rights of another or (d) offensive or otherwise unacceptable to Augmodo as determined in its sole discretion.
Limitations on Internet
You acknowledge that Augmodo may establish limits concerning use of the Internet, including, without limitation, the maximum number of days that submissions will be retained by the Internet, the maximum number and size of postings, e-mail messages, or other Submissions that may be transmitted or stored by the Internet, and the frequency with which you may access the Internet.
You agree that Augmodo has no responsibility or liability for the deletion or failure to store any Submissions maintained or transmitted by the Internet. You acknowledge that Augmodo reserves the right at any time to modify or discontinue the Internet (or any part thereof) with or without notice, and that Augmodo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Internet.
Electronic Delivery Policy and Your Consent
By using the Augmodo Technology, you consent to electronically receive from Augmodo all communications including notices, agreements, legally required disclosures or other information in connection with the Augmodo Technology (collectively, “Notices”). Augmodo shall provide such electronic Notices by posting them on this Service. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Service and the Augmodo Technology.
Trademarks
Any and all trademarks displayed within the Augmodo Technology are owned by Augmodo, its licensors or its affiliates. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.
Confidentiality
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Augmodo. “Confidential Information” means any Submissions, trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to Augmodo or its licensors, including, but not limited to, all parts of the Augmodo Technology and any other materials or information related to the business or activities of Augmodo that are not generally known to others engaged in similar businesses or activities.
Warranty Disclaimer
You access and use the Augmodo Technology at your sole risk. Except as otherwise expressly provided herein, the Augmodo Technology is provided to you on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, Augmodo disclaims all representations, guarantees and warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.
Without limiting the foregoing, Augmodo does not represent or warrant that (a) the Augmodo Technology will be uninterrupted, timely, secure or error-free, (b) the defects in the Augmodo Technology will be corrected, (c) the Augmodo Technology or the servers that operate the Augmodo Technology are free of viruses or other harmful components, (d) the data, results and information within the Augmodo Technology will be correct, accurate, adequate, useful, reliable or otherwise; and (e) the Augmodo Technology will meet your needs, requirements or expectations.
The advice, reviews, and/or feedback provided on the Augmodo Technology are merely opinions and shall not be construed as professional advice (including, but not limited to, legal or medical advice) nor as providing any other warranty or representation (all of which are expressly disclaimed) regarding the subject matter thereof and/or the Augmodo Technology.
Augmodo may make changes to the Augmodo Technology (including the content) within the Augmodo Technology or to the products or services described in it, at any time without notice to you. Further, Augmodo assumes no liability or responsibility for any errors or omissions in the content within the Augmodo Technology. The materials in the Augmodo Technology may be out of date or inaccurate, and Augmodo specifically disclaims any duty to update such content.
Any material downloaded or otherwise obtained by you through the use of the Augmodo Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses.
You acknowledge and agree that Augmodo shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submissions; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by Augmodo. You acknowledge and agree that Augmodo shall not be responsible or liable for any Submissions or conduct of any third party, including, but not limited to, content sent using and/or included within the Augmodo Technology provided by any other user of this Service or any third party licensors or suppliers of Augmodo.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. 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 Augmodo Technology, and no warranties shall apply after such period.
Disruptive Behavior
Harassment in any manner or form on this Augmodo Service or through the use of the Augmodo Technology, including via email, web blog (“blog”), comments, submissions, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Augmodo employee or representative, as well as other members or visitors on this Augmodo Service or through use of the Augmodo Technology is prohibited. You may not upload to, distribute, send or otherwise publish through this Augmodo Service or within the Augmodo Technology any content which is libelous, defamatory, obscene, disruptive, harassing, threatening, offensive, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; which may constitute or encourage a criminal offense, violate the rights of any party; or which may otherwise give rise to civil liability, violate any law or infringe on a third party's intellectual property right (including, but not limited to, spam, offensive sexual, racial or gender related material, or material that violates Augmodo’s then current policies). You may not upload commercial content on this Augmodo Service or within the Augmodo Technology or use the same to solicit others to join or become members of any other commercial online service or other organization.
You agree not to: (a) post, disseminate or transmit any worm, virus or other harmful, disruptive or destructive file, code or programs via or through the Augmodo Technology; (b) use Internet Relay Chat (IRC) bots via this Augmodo Service (i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day); (c) hinder the ability of others to use IRC; (d) disrupt the Augmodo Technology or the normal flow on this Augmodo Service of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) run any program on this Augmodo Service or through the Augmodo Technology that makes a service or resource available to others, including, but not limited to, port redirectors, proxy servers, chat servers or simulated multi-user environments; (f) interfere with, disrupt, or harm in any way the Augmodo Technology or the servers or networks used in connection with it; (g) run programs or specifically configure machines in such a way as to keep a dialup connection active when not in use or otherwise bypass automatic disconnection for inactivity, unless a dedicated access account is provided; (h) use the Augmodo Technology in violation of the rules of any other website providers, websites, chat rooms or the like; (i) use the Augmodo Technology to access the accounts of others without permission; (j) attempt to penetrate security measures of Augmodo or another entity, or obtain or bypass others' passwords; or (xi) engage in denial of service attacks (i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic).
Waiver of Class Action
If the forum for any matter arising in connection with this Agreement is in the United States, the parties agree to waive the right to bring consolidated disputes or to participate in class action proceedings, whether initiated by that party or by a third party. WITH THIS CLASS ACTION WAIVER, THE PARTIES WILL NOT BE ABLE TO DO THESE TWO THINGS: (1) BRING A CLAIM AS A CLASS ACTION OR IN A REPRESENTATIVE CAPACITY; OR (2) PARTICIPATE IN A CLAIM AS A CLASS MEMBER.
Limitation of Liability
NEITHER AUGMODO, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE AUGMODO TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE AUGMODO TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE AUGMODO TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN THE AUGMODO TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE AUGMODO TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THIS SERVICE; COMPUTER VIRUS OR SYSTEM FAILURE; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE AUGMODO TECHNOLOGY WHETHER OR NOT AUGMODO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL AUGMODO’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO AUGMODO FOR ACCESS AND USE OF THE AUGMODO TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH AUGMODO TECHNOLOGY, OR, IN ALL OTHER CASES, TEN DOLLARS ($10.00).
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Access to Augmodo Technology
You shall be responsible for obtaining access to the Augmodo Technology and for all equipment necessary to access the Augmodo Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all charges associated with connecting you to the Augmodo Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the Augmodo Technology and to select a unique username and password in order to be able to access your account and use any of the Augmodo Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify Augmodo in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., “logging off”) at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your username and password via email to contact@augmodo.com.
Security
The Augmodo Technology resides on the public internet. Augmodo uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Augmodo and any information stored on servers controlled by Augmodo. Notwithstanding these efforts, Augmodo cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, but not limited to, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not directly or indirectly: (a) violate or attempt to violate the security of the Augmodo Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Augmodo Technology, overloading, “flooding,” “mailbombing” or “crashing” the Augmodo Technology. Violations of system or network security may result in civil or criminal liability. Augmodo reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.
Indemnification
You agree to indemnify, defend, and hold harmless Augmodo, its affiliates, agents, vendors, distributors, licensors, suppliers, successors and assignees and their officers, directors, and employees from and against any and all actions, suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, orders, decrees, rulings, damages, dues, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes (whether federal, state, local, or foreign), liens, losses, expenses, damages and costs, including, without limitation, court costs and reasonable attorneys’ fees and expenses, resulting from (a) any third party claim, (b) any violation of the terms and conditions of this Agreement, (c) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (d) your use of (or inability to use) the Augmodo Technology; and (e) any use of your Submission by Augmodo or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity.
Content Disclaimer
The blog entries, user content (including any blogs), quotations and other editorial content displayed within the Augmodo Technology and/or Augmodo Service are provided “as is” with no warranties and confers no rights. The blog entries are solely the opinion of the author and do not necessarily reflect the opinions of Augmodo, its parent company and/or their indirect and direct parent companies and affiliates.
Termination
You agree that Augmodo, at its sole discretion, may terminate or suspend your access to and use of the Augmodo Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if Augmodo believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. Augmodo reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the Augmodo Technology (or any part thereof) without notice. You agree that Augmodo shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the Augmodo Technology. Your obligations under this Agreement shall continue even after Augmodo has terminated and/or cancelled this Agreement or your access to the Augmodo Technology.
Applicability of Content
The Augmodo Technology is operated in the United States of America, and Augmodo makes no representation that the content provided through the Augmodo Technology are applicable or appropriate for use in jurisdictions other than the United State of America. If you access our Augmodo Technology (including, but not limited to, this Service) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the Augmodo Technology, you may not view or use the Augmodo Technology.
Payment
Augmodo does not collect or maintain any payment information. If you choose to purchase, subscribe to or license Augmodo Products & Services, our current payment processor will collect your financial information to facilitate the transaction. Your payment and related information will be stored only with our payment processor, not with Augmodo. We will make every effort to cause our payment provider to give you information regarding its services, including access to its privacy policy and terms, when you initiate a payment transaction.
Privacy Policy
We realize that you are concerned about how the information you provide online will be used. Augmodo has a Privacy Policy that discloses what information Augmodo collects about you, how Augmodo uses such information, the steps Augmodo takes to secure such information, how you can view and correct such information and how you can decline to have such information about you collected or used. The Privacy Policy is available on this Service and is incorporated herein by this reference. For more details, please visit https://app.termly.io/policy-viewer/policy.html?policyUUID=c3cf3177-a836-413f-9662-72af4eb79423.
Miscellaneous Provisions
Additional Fees
You shall immediately notify Augmodo in writing if you know or have reason to believe that Augmodo has been or will be required, as a result of activity arising out of or related to this Agreement or the services contemplated hereunder by any court or administrative agency of the United States or any state or by any legal process to respond to any subpoena, search warrant, discovery or other directive under the authority of such court, administrative agency, governmental inquiry or process in connection with any proceeding or investigation in which you or any of your affiliates, officers, directors, agents, employees, or subcontractors is involved. Whether or not such notice is given by you, you shall directly assist Augmodo in Augmodo’s attempt to reduce the burdens of compliance with any such directives, and you shall reimburse any and all reasonable expenses incurred by Augmodo and its affiliates in complying with any such directive, including, but not limited to, attorneys’ fees and Augmodo’s outside counsel attorneys’ fees for representation and advice, as well as for travel and lodging expenses.
Order of Preference
This Agreement governs your use and access to the Augmodo Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with Augmodo. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on this Service or within the Augmodo Technology, conflicts with any provision of your other agreements with Augmodo, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement (including, but not limited to, any customer agreement).
Links to Other Web Sites
The Augmodo Technology contains links to other web sites (“Third Party Sites”) controlled or offered by third parties (non-affiliates of Augmodo. Augmodo is not responsible for the content, accuracy or opinions expressed on such Third Party Sites and such sites are not investigated, monitored or checked for accuracy or completeness by Augmodo. Augmodo hereby disclaims any and all liability for, any information, materials, and products or services posted or offered at any of the Third Party Sites. By creating a link to Third Party Sites, Augmodo does not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is Augmodo liable for any failure of products and services offered or advertised at those sites. Such third parties may have a privacy policy different from that of Augmodo and Third Party Sites may provide less security than Augmodo. Without limiting the foregoing, the Augmodo Technology may contain offers from Augmodo for products and services that may be obtained only by linking to the merchant web site to complete the transaction. Terms of the offer shown on the Augmodo Technology, including, but not limited to, price, quantity, availability and description may vary from those shown on the merchant’s web site. Differences in the terms of an offer between what is displayed in connection with the Augmodo Technology and what is offered at the merchant website will be governed by the terms shown on the merchant’s website. Augmodo is not responsible or liable for any such differences or discrepancies.
Revisions and Consents
Augmodo reserves the right to revise the terms and conditions of this Agreement and the Augmodo Services and the Augmodo Technology at any time and for no or any reason whatsoever. Augmodo also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the Augmodo Technology (including, but not limited to, on this Service). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on this Service or via electronic notice as described above. By continuing to enter this Service and/or using the Augmodo Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
Forward-Looking Statements
The Augmodo Technology (including, but not limited to, this Augmodo Service) may make forward-looking statements concerning Augmodo’s future performance. Such statements are subject to risks and uncertainties that may cause Augmodo’s actual performance to differ materially from that set forth in such forward-looking statements. Words such as “believe,” “expect,” “anticipate,” “intend,” or similar expressions are intended to identify forward-looking statements. Such statements speak only as of the date on which they are made. Augmodo undertakes no obligation to update publicly or revise any such statements. Factors that could cause Augmodo’s actual financial and other results to differ materially from those projected by Augmodo in forward-looking statements include, but are not limited to, competition, economic conditions, delinquencies and credit losses, interest rate increases, availability of funding and securitization, customer behavior, new products and markets, growth, legal and regulatory.
Entire Agreement
This Agreement constitutes the entire agreement between you and Augmodo with respect to the subject matter addressed herein, and governs your access to and use of the Augmodo Technology, superseding any prior agreements between you and Augmodo relating to such subject matter, but this Agreement may be supplemented by any other agreement you enter into with Augmodo pursuant to your enrollment and/or participation in other features of the Augmodo Technology.
Arbitration
Except for the failure to pay any fees and/or disputes concerning a breach of the scope of the license granted herein, any other dispute arising out of, relating to or in any way connected with this Agreement, on written request of either party served on the other, shall be submitted to final and binding arbitration before a single arbitrator. If the parties are unable to agree on an arbitrator within thirty (30) days after a party has served notice of a request to arbitrate, then an arbitrator shall be selected by the American Arbitration Association pursuant to its then-current rules, within fifteen (15) days after the parties are unable to agree on the arbitrator. Arbitration shall take place in the City of Wilmington, Delaware in accordance with the Rules and Regulations of the American Arbitration Association (Commercial Division).
Attorney’s Fees
Should any suit be commenced to enforce Augmodo’s rights and in the event Augmodo is successful, you agree to pay Augmodo’s expenses and attorney’s fees incurred.
Any and all trademarks displayed within the Augmodo Technology are owned by Augmodo, its licensors or its affiliates. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.
Jurisdiction
This Agreement is executed in the State of Delaware and shall be governed by, and interpreted in accordance with, the laws of the State of Delaware, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. Except as otherwise provided herein, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement and/or your use of the Augmodo Services and/or Augmodo Technology, must be filed within one (1) year after such claim or cause of action arose or be forever barred, and you expressly waive any other statute of limitations which otherwise may apply. Subject to the foregoing arbitration terms and conditions, you agree that the exclusive jurisdiction for any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, shall be the state courts located in the State of Delaware or the United States District Court for the State of Delaware for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Augmodo Services and/or Augmodo Technology.
YOU WAIVE ALL RIGHTS TO TRIAL BY JURY OF ANY CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. YOU ACKNOWLEDGE THAT THIS IS A WAIVER OF A LEGAL RIGHT AND REPRESENT THAT YOUR WAIVER IS MADE KNOWINGLY AND VOLUNTARILY AFTER CONSULTATION WITH COUNSEL OF YOUR CHOICE. TO THE EXTENT APPLICABLE, YOU AGREE THAT ALL SUCH CLAIMS SHALL BE TRIED BEFORE A JUDGE OF A COURT HAVING JURISDICTION WITHOUT A JURY.
The servers supporting the Augmodo Services and/or Augmodo Technology are operated in the United States of America, and Augmodo makes no representation that the content provided through the Augmodo Services are applicable or appropriate for use in jurisdictions other than the United States of America. If you access the Augmodo Services from outside of the United States of America, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the Augmodo Services and/or Augmodo Technology, you may not view or use the Augmodo Services and/or Augmodo Technology.
Augmodo Intellectual Property Notice
Pursuant to the Digital Millennium Copyright Act, Augmodo has designated the person listed below as its agent to receive notifications of alleged copyright or other intellectual property infringement related to the Augmodo Services and/or Augmodo Technology. Augmodo respects the intellectual property of others and asks our users to do the same. If you believe that your work has been copied in a way that constitutes infringement, or your intellectual property rights have been otherwise violated, please provide Augmodo’s Intellectual Property Agent the following information (the “IP Notice”): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property right that you claim has been infringed; (c) a description of where the material that you claim has been infringed is located in the Augmodo Services and/or Augmodo Technology; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the applicable intellectual property owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in your IP Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Augmodo’s Agent for transmitting the IP Notice for claims of copyright or other intellectual property right infringement can be contacted at:
contact@augmodo.com
c/o DMCA Agent
5903 N. 111th Place, NE
Kirkland, WA 98033
General Provisions
In the event any provision (or any part of any provision) contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision (or remaining part of the affected provision) of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision (or part thereof) had never been contained herein, but only to the extent such provision (or part thereof) is invalid, illegal, or unenforceable.
Augmodo’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. Augmodo may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of Augmodo. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.
Print this Agreement
You acknowledge that you have read this Agreement and have had an opportunity to consult with an attorney. For record keeping purposes, Augmodo encourages you to print this Agreement and the ancillary documents described herein.
You agree that this Agreement, combined with your act of using the Augmodo Technology and/or Augmodo Services have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of this Agreement on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print this Agreement.
Updated: November 26, 2024