Before accessing and using the Services, please read these Terms carefully because they constitute a legal agreement between In The Company Of Us and you.
BY USING THE SERVICES THAT LINK TO OR DISPLAY THESE TERMS, YOU AFFIRM THAT:
YOU HAVE READ AND UNDERSTAND THESE TERMS;
YOU WILL COMPLY WITH THESE TERMS; AND
YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
If you use the Services as an employee or agent on behalf of an organization, you represent to In The Company Of Us that you have the authority to bind that organization to these Terms.
IMPORTANT NOTE: These Terms contain provisions that limit In The Company Of Us liability to you and require you to resolve any dispute with us on an individual basis and not as part of any class or representative action (unless prohibited by law). Please see DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY (Section 8) and GOVERNING LAW; DISPUTE RESOLUTION (Section 10) below for more information.
- HOW THESE TERMS APPLY
By using the Services or agreeing to another agreement incorporating these Terms, you agree to these Terms. If you do not agree with these Terms, then you are not authorized to use the Services.
Separate written agreements with In The Company Of Us, such as agreements with certain of our advertisers or event sponsors (Other Agreements), may apply to your right to use certain Services. If you are subject to any Other Agreement to use the Services, then the Other Agreement, rather than these Terms, will apply to your use of the Services to which the Other Agreement applies. If an Other Agreement and these Terms conflict, then the terms and conditions in the Other Agreement shall prevail with respect to the conflict.
- CHANGES TO TERMS
The Effective Date of these Terms is set forth at the top of this webpage. As we add new features to the Services, we may modify these Terms. When we modify these Terms, we will update the Effective Date and, when reasonably possible, we also will provide you with advance written notice of our changes. We will not make changes that have a material retroactive on your legal rights effect without notice unless we are required to do so by law or to protect the rights of other users. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of or agreements, notices or statements of or about the Terms. Unless you agree in writing, any change to the dispute resolution provision will not apply to any dispute for which we have actual notice before the Effective Date of the Terms containing the change.
- ADDITIONAL TERMS
Additional terms and conditions may apply to certain features of the Services, such as our events or awards programs. When presented to you, you must agree to the additional terms before using the Services to which they apply. These Terms and the additional terms will apply equally unless an additional term is irrevocably inconsistent with these Terms, in which case the additional term will prevail but solely to the extent of the inconsistency.
- USING THE SERVICES
The Services include any information, graphics, artwork, text, photographs, video, audio, trademark, logo and other content displayed or otherwise contained in the Services. The Services are owned by In The Company Of Us or its licensors and protected under both U.S. and foreign copyright, trademark and other laws.
These Terms grant you only the limited rights described in these Terms. Nothing contained in these Terms grants by implication, estoppel or otherwise, any additional license or right in or to the trademarks, logos or service marks, patents, trade secrets or other intellectual property embodied in the Services.
All use of the Services is limited to your personal or internal business purposes. You acknowledge that no implied licenses are granted under these Terms. In The Company Of Us reserves all rights that are not expressly granted in these Terms.
In The Company Of Us has the discretion to terminate your access to the Services (in addition to any other available remedies) without notice if In The Company Of Us has a reasonable basis to believe that you are using the Services in violation of these Terms.
Your Account Certain Services may invite or require you to create an account. If you create an account, you agree to (i) provide true, accurate, current and complete information, (ii) maintain that information as accurate, current and complete and (iii) protect the confidentiality and security of your account credentials. You are responsible for all activities that occur through your account using your account credentials. If you suspect or detect unauthorized activity through your account, please immediately notify us at firstname.lastname@example.org.
- You are solely responsible for any and all charges, fees and other costs related to your use of the Services. If you access and use the Services on your smartphone, tablet or other mobile device, you agree that you are solely responsible for all charges that you incur from your Internet or mobile service provider.
- You must use the Services for lawful purposes only.
- You must not use the Services in any manner that could damage, disable, overburden or impair our servers or networks or interfere with any other party’s use and enjoyment of the Services.
- You must not attempt to gain unauthorized access to the Services or In The Company Of Us computer systems or networks through hacking, password mining or other means.
- Without limiting any of the foregoing, you agree that you shall not (and you agree not to encourage or allow any third party to):
- copy, modify, adapt, translate, reverse engineer, decode or otherwise attempt to derive or gain access to any portion of the Services;
- remove any copyright, trademark or other proprietary rights notice contained in the Services;
- use any robot, spider, search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Services;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any feature or functionality of the Services to any third party for any reason;
- reformat or frame any portion of the web pages that are part of the Services;
- collect personal information through the Services without our express prior written consent; or
- use the Services to send any unauthorized or unsolicited commercial or promotional content.
Submissions. In The Company Of Us may from time to time offer areas in the Services where you and other users can post or otherwise submit suggestions, feedback, ideas, notes, concepts or other information or materials to or through the Services (collectively, “Submissions“).
By posting a Submission, you represent and warrant that:
- you own or otherwise control all of the rights to your Submission, including without implied limitation all copyrights;
- your Submission is true and accurate;
- your Submission does not violate the rights of any other person or entity, such as rights of privacy and publicity; and
- your Submission complies with applicable laws, rules and regulations.
By sending, posting or transmitting Submissions to In The Company Of Us (or our designees), you grant In The Company Of Us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual and irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. In other words, In The Company Of Us has the right to use your Submissions — including reproducing, disclosing, publishing or broadcasting your Submissions — in any medium and for any purpose. Under no circumstances are you entitled to payment if In The Company Of Us uses one of your Submissions. All Submissions are deemed non-confidential and non-proprietary.
You acknowledge and agree that In The Company Of Us has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any Submission. In The Company Of Us takes no responsibility and assumes no liability for any Submission posted by you or any third party. In The Company Of Us is not responsible for information that you choose to communicate via Submissions.
Terms Applicable to Mobile Apps: If you choose to use any of our Mobile Apps, then In The Company Of Us grants you a limited, non-exclusive and nontransferable license to download, install and use the Mobile App for your personal, non-commercial use on a mobile device that you own or control.
You acknowledge and agree that our Mobile Apps are provided under license, not sold to you. You do not acquire any ownership interest in any of our Mobile Apps under these Terms or any other rights other than to use a Mobile App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. In The Company Of Us and its suppliers reserve and retain their entire right, title and interest in and to each Mobile App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
We may from time to time develop and provide updates to a Mobile App, which may include upgrades, error corrections or new features (collectively, “Updates“). Updates also may modify or delete in their entirety certain features and functionality. You agree that In The Company Of Us has no obligation to provide Updates or to continue to provide or enable any particular feature or functionality.
Based on your mobile device settings, when your mobile device is connected to the Internet either the Mobile App will automatically download and install all available updates or you may receive notice of or be prompted to download and install available updates. You agree to download and install all Updates and acknowledge and agree that a Mobile App may not properly operate if you do not. All Updates are deemed part of the Mobile App and subject to all terms and conditions of these Terms.
If you download the Mobile App from a third-party app store, such as Google Play or The App Store (App Platform), you acknowledge and agree that:
- These Terms are an agreement between us and not with the App Platform. As between In The Company Of Us and the App Platform, In The Company Of Us is solely responsible for the Mobile Apps.
- The App Platform has no obligation to provide any maintenance and support services with respect to the Mobile Apps.
- In the event of any failure of the Mobile Apps to conform to any applicable warranty, (i) you may notify the App Platform and the App Platform may refund the purchase price for the Mobile Apps to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Platform will have no other warranty obligation whatsoever with respect to the Mobile Apps and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is, as between In The Company Of Us and the App Platform, In The Company Of Us responsibility.
- The App Platform is not responsible for addressing any claims you have relating to the Mobile Apps or your possession and use of the Mobile Apps.
- If a third party claims that a Mobile App infringes another partys intellectual property rights, as between the App Platform and In The Company Of Us, In The Company Of Us is responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
- The App Platform and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the Mobile Apps. Upon your acceptance of the terms and conditions of these Terms, the App Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Mobile Apps against you as a third-party beneficiary thereof.
- You must also comply with all applicable third-party terms when using the Mobile Apps.
From time to time, we may offer you the opportunity to participate in contests, sweepstakes or other promotions (collectively, Promotions). You may not transfer, assign, sell, trade or barter any benefit that you receive through our Promotions. Unless required by law, any Promotion-related benefit may not be combined with a benefit received in connection with any other Promotion. EXCEPT AS OTHERWISE EXPRESSLY STATED BY In The Company Of Us, ANY PROMOTIONAL BENEFIT IS AWARDED AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM In The Company Of Us, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotion-related materials. We may disqualify any individual who tampers with any Promotion or Promotion-related process. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- LINKS TO OTHER WEBSITES AND SERVICES
The Services may contain links to third-party websites and services, including social media (collectively, Linked Services). Linked Services are not under the control of In The Company Of Us and In The Company Of Us not responsible for Linked Services or for any information on or available from or through Linked Services. You access Linked Services at your own risk. The inclusion of a link does not imply endorsement by In The Company Of Us of the Linked Services or any association with the operators of the Linked Services. In The Company Of Us does not investigate, verify or monitor the Linked Services. In The Company Of Us provides links to Linked Services for your convenience only. Please check the URL provided in your browser to see if you are on the Services or a third-party domain.
- DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
In The Company Of Us warrants that In The Company Of Us has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. In The Company Of Us specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. In The Company Of Us does not warrant that (a) the Services will meet your requirements, (b) operation of the Services will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by In The Company Of Us or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Your use of the Services is at your own risk.
YOU AGREE THAT In The Company Of Us IS NOT LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF In The Company Of Us HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ALSO AGREE THAT In The Company Of Us IS NOT LIABLE FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
The disclaimers and limitations in this Section 8 do not purport to limit liability or alter any right that cannot be excluded under applicable law.
In The Company Of Us MAXIMUM LIABILITY FOR DAMAGES ARISING FROM YOUR USE OF THE SERVICES IS LIMITED TO FIVE HUNDRED DOLLARS ($500).
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that In The Company Of Us would not grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
You agree to indemnify, defend andhold harmless In The Company Of Us and its managers, members, officers, directors, employees and agents from and against all claims, liabilities, damages, expenses, costs of defense and reasonable attorneys fees brought against In The Company Of Us by any third party arising from your Submissions or use of the Services in violation of these Terms or applicable law. In The Company Of Us reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of In The Company Of Us may be made without In The Company Of Us prior written approval.