VERSION: November 2022
If you do not agree with the Terms, please do not use the App. BY CONTINUING TO USE THE APP, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.
FURTHER, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE OFFERED THE APP FOR YOUR USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH IN THE TERMS. YOU ALSO ACKNOWLEDGE AND AGREE THAT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US AND THAT THESE WARRANTY DISCLAIMERS, RELEASES AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US.
- MODIFICATION OF THE TERMS AND CONDITIONS OF USE
We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Your continued use of the App after the posting of any modifications or changes to the Terms, constitutes your binding acceptance of such changes.
- OWNERSHIP AND PROPRIETARY RIGHTS
The App and all intellectual property rights contained therein are owned by us. You acknowledge and agree that the App contains proprietary and confidential information that is protected by applicable intellectual property laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the App, or any software contained therein, in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to access and use the App; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the App.
- DISCLAIMER OF WARRANTIES AND LIABILITY
THE MOBILE APPLICATION, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR OTHER APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MOBILE APPLICATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WE DISCLAIM AND YOU AGREE TO RELEASE US FROM any and all responsibility or liability for any damage that may occur to your automobile OR ITS engine after you begin to use our APP. You acknowledge that it is your responsibility to monitor, at all times, the performance of your automobile engine and to take good and proper care of it at all times. YOU ACKNOWLEDGE THAT YOU WILL NOT HOLD US RESPONSIBLE IN TORT, CONTRACT, OR ANY OTHER THEORY OF LAW FOR ANY DAMAGE THAT MAY OCCUR TO YOUR AUTOMOBILE OR ITS ENGINE AFTER USING OUR APP.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY AND DAMAGES
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL WE BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: YOUR USE OF THE APP.
YOU AGREE THAT IN ANY ACTION OR CLAIM BROUGHT AGAINST US ARISING OUT OF YOUR USE OF THE APP, THE MAXIMUM LIABILITY THAT MAY BE IMPOSED AGAINST US FOR ANY AND ALL CLAIMS THAT YOU BRING AGAINST US SHALL NOT EXCEED THE AMOUNT OF MONEY YOU HAVE PAID FOR OUR APP.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO YOU.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your access to Mr. Piggy.
- APPLICABLE LAWS
Notice Regarding Dispute Resolution:
These Terms contain provisions that govern how you and we would resolve claims we might bring against each other. In particular, you agree: (a) to submit any and all claims against us to binding arbitration in the city of Boston, Massachusetts; (b) to certain limitations of liability; and, (c) to waive your right to either bring or participate in any class action remedy against us.
Any action related to your use of the Mobile Application shall be governed by Massachusetts law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the Commonwealth of Massachusetts for any legal proceedings related to the Mobile Application or these Terms.
If any party hereto brings any suit or action against the other for relief, declaratory or otherwise, arising out of these Terms or arising from your use of Mr. Piggy, such party agrees that the action will be brought exclusively as an action in arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. You agree that the sole forum for such arbitration shall be the AAA located in Boston, Massachusetts. Both parties to any such action agree that the prevailing party will have the right to recover against the other party, in addition to all court costs and disbursements, such sum as the arbitrator(s) may adjudge to be reasonable attorneys’ fees.
You agree that you will pursue any and all claims against us on an individual basis, not as part of any class or representative action or proceeding.
Except to the extent prohibited by applicable law, you agree that any claim or cause of action arising out of or related to your use of the App must be filed within one (1) year after such claim or cause of action arose or such claim shall be forever barred.
All relevant terms herein shall survive any termination of your account or your use of the App.
V – 1.1