End-User License Agreement (“Agreement”)
Last updated: February 23, 2017
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using 95plus pitching app (“Application”).
By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and Balbuena Consulting LLC and it governs your use of the Application made available to you by Balbuena Consulting LLC.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.
The Application is licensed, not sold, to you by Balbuena Consulting LLC for use strictly in accordance with the terms of this Agreement.
Balbuena Consulting LLC grants you a revocable, non-exclusive, non-transferable, limited license during the term to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
You agree not to, and you will not permit others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
- copy or use the Application for any purpose other than as permitted under the above section ‘License’.
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application for any reason, including interoperability or archival purposes.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Balbuena Consulting LLC or its affiliates, partners, suppliers or the licensors of the Application.
You further agree that you:
- Are over the age of 13, or the age of majority in your territory of domicile;
- Have the capacity and authority to accept the terms of this Agreement;
- Understand the terms set forth herein.
The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Balbuena Consulting LLC.
User Generated Content
Our Application may allow users to transmit and share videos, photographs, information, and other content you elect to create and share (“User Generated Content”). You understand that you are solely and exclusively responsible for any and all content you transmit through our Application. Balbuena Consulting LLC assumes no liability with regard the content, subject matter, and information transmitted through the Application. Furthermore, you hereby represent and warrant that your User Generated Content does not:
- Infringe on the proprietary, intellectual property, personality, or privacy rights of any third party;
- Contain offensive, obscene, or explicit material inappropriate for the Application’s intended audience;
- Contain content intended to discriminate, harass, abuse, bully, offend, or otherwise bring harm to any recipient of the User Generated Content, whether direct or indirect, and regardless of your intent; or
- Contain any image, reference, information, or record of any child under the age of 13 unless you are the legal guardian of that child.
Any violation of this Section may result in the termination of your user account. Furthermore, you agree to indemnify, defend, and hold Balbuena Consulting LLC harmless in the event that your violation of this provision results directly or indirectly in any claim or cause of action, damages, harm, loss, judgement, or injury against Balbuena Consulting LLC and its affiliates or any third party.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Balbuena Consulting LLC with respect to the Application shall remain the sole and exclusive property of Balbuena Consulting LLC.
Balbuena Consulting LLC shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
Balbuena Consulting LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
Balbuena Consulting LLC may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the Application. You agree that Balbuena Consulting LLC has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).
You acknowledge and agree that Balbuena Consulting LLC shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Balbuena Consulting LLC does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This term of this license begins from the date you click “I Agree”, download, or use the Application, and will continue for as long as you continue to use the Application and comply with the terms set forth herein, or Balbuena Consulting LLC terminates this Agreement for any reason.
Balbuena Consulting LLC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Balbuena Consulting LLC, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of Balbuena Consulting LLC’s rights or remedies at law or in equity in case of breach by you of any of your obligations under the present Agreement.
You agree to indemnify and hold Balbuena Consulting LLC and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Balbuena Consulting LLC, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Balbuena Consulting LLC provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Balbuena Consulting LLC nor any Balbuena Consulting LLC’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Balbuena Consulting LLC are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Balbuena Consulting LLC and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.
To the maximum extent permitted by applicable law, in no event shall Balbuena Consulting LLC or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Balbuena Consulting LLC or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.
For U.S. Government End Users
The Application and related documentation are “Commercial Items”, as that term is defined under 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.
In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Amendments to this Agreement
Balbuena Consulting LLC reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of California, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
If you have any questions about this Agreement, please contact us. Balbuenallc@gmail.com
The Agreement constitutes the entire agreement between you and Balbuena Consulting LLC regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Balbuena Consulting LLC.
You may be subject to additional terms and conditions that apply when you use or purchase other Balbuena Consulting LLC’s services, which Balbuena Consulting LLC will provide to you at the time of such use or purchase.