Terms Of Service
Lastupdated
October 26, 2022
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. MOBILE APPLICATION LICENSE
9. SUBMISSIONS
10. THIRD-PARTY WEBAPPLICATION AND CONTENT
11. APPLICATION MANAGEMENT
12. PRIVACY POLICY
13. TERM AND TERMINATION14. MODIFICATIONS AND INTERRUPTIONS15. GOVERNING LAW16.DISPUTE RESOLUTION17. CORRECTIONS18. DISCLAIMER19. LIMITATIONS OF LIABILITY20.INDEMNIFICATION21. USER DATA22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES23. CALIFORNIA USERS AND RESIDENTS24. MISCELLANEOUS25. SPREADABLEPLATFORM USE26. CONTACT US
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made betweenyou, whether personally or on behalf of an entity (“you”) and Find-R("Company," “we," “us," or “our”), concerning your accessto and use of the https://www.getspreadable.com website as well as any othermedia form, media channel, mobile website or mobile application related,linked, or otherwise connected thereto (collectively, the “Application”). Weare registered in the Netherlands and have our registered office in Amsterdam,Noord Holland 1057TB. Our VAT number is 71612***. You agree that by accessingthe Application, you have read, understood, and agreed to be bound by all ofthese Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THENYOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUSTDISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on theApplication from time to time are hereby expressly incorporated herein byreference. We reserve the right, in our sole discretion, to make changes ormodifications to these Terms of Use from time to time. We will alert you aboutany changes by updating the “Last updated” date of these Terms of Use, and youwaive any right to receive specific notice of each such change. Please ensurethat you check the applicable Terms every time you use our Application so thatyou understand which Terms apply. You will be subject to, and will be deemed tohave been made aware of and to have accepted, the changes in any revised Termsof Use by your continued use of the Application after the date such revisedTerms of Use are posted.
The information provided on the Application is not intended for distribution toor use by any person or entity in any jurisdiction or country where suchdistribution or use would be contrary to law or regulation or which wouldsubject us to any registration requirement within such jurisdiction or country.Accordingly, those persons who choose to access the Application from other locationsdo so on their own initiative and are solely responsible for compliance withlocal laws, if and to the extent local laws are applicable.
The Application is not tailored to comply with industry-specific regulations(Health Insurance Portability and Accountability Act (HIPAA), FederalInformation Security Management Act (FISMA), etc.), so if your interactionswould be subjected to such laws, you may not use this Application. You may notuse the Application in a way that would violate the Gramm-Leach-Bliley Act(GLBA).
The Application is intended for users who are at least 18 years old. Personsunder the age of 18 are not permitted to use or register for the Application.
2.INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Application isour proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Application
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,international copyright laws, and international conventions. The Content andthe Marks are provided on the
Application “AS IS” for your information and personal use only. Except asexpressly provided in these Terms
of Use, no part of the Application and no Content or Marks may be copied,reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Application, you are
granted a limited license to access and use the Application and to download orprint a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Application, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Application, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current,and complete; (2) youwill maintain the accuracy of such information and promptly update suchregistration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms ofUse;
(4) you are not a minor in the jurisdiction in which you reside; (5) youwill not access the Application through automated or non-human means, whetherthrough a bot, script, or otherwise; (6) you will not use the Application forany illegal or unauthorized purpose; and (7) your use of the Application willnot violate any applicable law or regulation.If youprovide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Application (or any portion thereof).
4. USERREGISTRATION
You may be required to register with the Application. You agree to keep yourpassword confidential and will be responsible for all use of your account andpassword. We reserve the right to remove, reclaim, or change a username youselect if we determine, in our sole discretion, that such username isinappropriate, obscene, or otherwise objectionable.
5.PROHIBITED ACTIVITIES
You may not access or use the Application for any purpose other than that forwhich we make the Application available. The Application may not be used inconnection with any commercial endeavors except those that are specificallyendorsed or approved by us.
As a user of the Application, you agree not to:
• Systematically retrieve data or other content from the Application to createor compile, directly or indirectly, a collection, compilation, database, ordirectory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt tolearn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features ofthe Application, including features that prevent or restrict the use or copyingof any Content or enforce limitations on the use of the Application and/or theContent contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or theApplication.
• Use any information obtained from the Application in order to harass, abuse,or harm another person.
• Make improper use of our support services or submit false reports of abuse ormisconduct.
• Use the Application in a manner inconsistent with any applicable laws orregulations.
• Engage in unauthorized framing of or linking to the Application.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojanhorses, or other material, including excessive use of capital letters andspamming (continuous posting of repetitive text), that interferes with anyparty’s uninterrupted use and enjoyment of the Application or modifies,impairs, disrupts, alters, or interferes with the use, features, functions,operation, or maintenance of the Application.
• Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of anotheruser.
• Upload or transmit (or attempt to upload or to transmit) any material thatacts as a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as“spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Application or thenetworks or services connected to the Application.
• Harass, annoy, intimidate, or threaten any of our employees or agents engagedin providing any portion of the Application to you.
• Attempt to bypass any measures of the Application designed to prevent orrestrict access to the Application, or any portion of the Application.
• Copy or adapt the Application’s software, including but not limited to Flash,PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up a partof the Application.
• Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offlinereader that accesses the Application, or using or launching any unauthorizedscript or other software.
• Use a buying agent or purchasing agent to make purchases on the Application.
• Make any unauthorized use of the Application, including collecting usernamesand/or email addresses of users by electronic or other means for the purpose ofsending unsolicited email, or creating user accounts by automated means orunder false pretenses.
•
Use the Application as part of any effort to compete with us or otherwise usethe Application and/or the Content for any revenue-generating endeavor orcommercial enterprise.
6. USER GENERATED CONTRIBUTIONS
The application does not offer users to submit or post content. We may provideyou with the opportunity to create, submit, post, display, transmit, perform,publish, distribute, or broadcast content and materials to us or on theApplication, including but not limited to text, writings, video, audio,photographs, graphics, comments, suggestions, or personal information or othermaterial (collectively, "Contributions"). Contributions may beviewable by other users of the Application and through third-party websites. Assuch, any Contributions you transmit may be treated in accordance with theApplication Privacy Policy. When you create or make available anyContributions, you thereby represent and warrant that:
• The creation, distribution, transmission, public display, or performance, andthe accessing, downloading, or copying of your Contributions do not and willnot infringe the proprietary rights, including but not limited to thecopyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights,consents, releases, and permissions to use and to authorize us, theApplication, and other users of the Application to use your Contributions inany manner contemplated by the Application and these Terms of Use.
• You have the written consent, release, and/or permission of each and everyidentifiable individual person in your Contributions to use the name orlikeness of each and every such identifiable individual person to enableinclusion and use of your Contributions in any manner contemplated by theApplication and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising,promotional materials, pyramid schemes, chain letters, spam, mass mailings, orother forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent,harassing, libelous, slanderous, or otherwise objectionable (as determined byus).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuseanyone.
• Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specific personor class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of anythird party.
• Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors.
• Your Contributions do not include any offensive comments that are connectedto race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material thatviolates, any provision of these Terms of Use, or any applicable law orregulation.
Any useof the Application in violation of the foregoing violates these Terms of Useand may result in, among other things, termination or suspension of your rightsto use the Application.
7.CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any information andpersonal data that you provide following the terms of the Privacy Policy andyour choices (including settings).
By submitting suggestions or other feedback regarding the Application, youagree that we can use and share such feedback for any purpose withoutcompensation to you.
We do not assert any ownership over your Contributions. You retain fullownership of all of your Contributions and any intellectual property rights orother proprietary rights associated with your Contributions. We are not liablefor any statements or representations in your Contributions provided by you inany area on the Application. You are solely responsible for your Contributionsto the Application and you expressly agree to exonerate us from any and allresponsibility and to refrain from any legal action against us regarding yourContributions.
8. MOBILEAPPLICATION LICENSE
Use License If you access theApplication via a mobile application, then wegrant you a revocable, non-exclusive, non-transferable, limited right toinstall and use the mobile application on wireless electronic devices owned orcontrolled by you, and to access and use
the mobile application on such devices strictly in accordance with the terms
and conditions of this mobile application license contained in these Terms ofUse.
You shall not: (1) except as permitted by applicable law, decompile, reverseengineer, disassemble, attempt to derive the source code of, or decrypt theapplication; (2) make any modification, adaptation, improvement, enhancement,translation, or derivative work from the application; (3) violate anyapplicable laws, rules, or regulations in
connection with your access or use of the application; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or trademark)
posted by us or the licensors of the application; (5) use the application for
any revenue generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the application available over a
network or other environment permitting access or use by multiple devices or
users at the same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the application; (8) use the application to send
automated queries to any website or to send any unsolicited commercial e-mail;
or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the
application.Apple and Android DevicesThe following terms apply when you use amobile application obtained from either the Apple Store or Google Play (each an“App Distributor”) to access the Application: (1) the license granted to youfor our mobile application is limited to a non-transferable license to use theapplication on a device that utilizes the Apple iOS or Android operatingsystems, as applicable, and in accordance with the usage rules set forth in theapplicable App Distributor’s terms of service; (2) we are responsible forproviding any maintenance and support services with respect to the mobileapplication as specified in the terms and conditions of this mobile applicationlicense contained in these Terms of Use or as otherwise required underapplicable law, and you acknowledge that each App Distributor has no obligationwhatsoever to furnish any maintenance and support services with respect to themobile application; (3) in the event of any failure of the mobile applicationto conform to any applicable warranty, you may notify the applicable AppDistributor, and the App Distributor, in accordance with its terms andpolicies, may refund the purchase price, if any, paid for the mobileapplication, and to the maximum extent permitted by applicable law, the AppDistributor will have no other warranty obligation whatsoever with respect tothe mobile application; (4) you represent and warrant that (i) you are notlocated in a country that is subject to a U.S. government embargo, or that hasbeen designated by the U.S. government as a “terrorist supporting” country and(ii) you are not listed on any U.S. government list of prohibited or restrictedparties; (5) you must comply with applicable third-party terms of agreementwhen using the mobile application, e.g., if you have a VoIP application, thenyou must not be in violation of their wireless data service agreement whenusing the mobile application; and (6) you acknowledge and agree that the AppDistributors are third-party beneficiaries of the terms and conditions in thismobile application license contained in these Terms of Use, and that each AppDistributor will have the right (and will be deemed to have accepted the right)to enforce the terms and conditions in this mobile application licensecontained in these Terms of Use against you as a third-party beneficiarythereof. 9.SUBMISSIONSYouacknowledge and agree that any questions, comments, suggestions, ideas,feedback, or other information regarding the Application("Submissions") provided by you to us are non-confidential and shallbecome our sole property. We shall own exclusive rights, including allintellectual property rights, and shall be entitled to the unrestricted use anddissemination of these Submissions for any lawful purpose, commercial orotherwise, without acknowledgment or compensation to you. You hereby waive allmoral rights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit suchSubmissions. You agree there shall be no recourse against us for any alleged oractual infringement or misappropriation of any proprietary right in yourSubmissions. 10.THIRD-PARTY WEBAPPLICATION AND CONTENTThe Application may contain (or you maybe sent via the Application) links to other websites ("Third-PartyWebsites") as well as articles, photographs, text, graphics, pictures,designs, music, sound, video, information, applications, software, and other contentor items belonging to or originating from third parties ("Third-PartyContent"). Such Third-Party Websites and Third-Party Content are notinvestigated, monitored, or checked for accuracy, appropriateness, orcompleteness by us, and we are not responsible for any Third-Party Websitesaccessed through the Application or any Third-Party Content posted on,available through, or installed from the Application, including the content,accuracy, offensiveness, opinions, reliability, privacy practices, or otherpolicies of or contained in the Third-Party Websites or the Third-PartyContent. Inclusion of, linking to, or permitting the use or installation of anyThird-Party Websites or any Third-Party Content does not imply approval orendorsement thereof by us. If you decide to leave the Application and accessthe Third-Party Websites or to use or install any Third-Party Content, you doso at your own risk, and you should be aware these Terms of Use no longergovern. You should review the applicable terms and policies, including privacyand data gathering practices, of any website to which you navigate from theApplication or relating to any applications you use or install from theApplication. Any purchases you make through Third-Party Websites will be throughother websites and from other companies, and we take no responsibilitywhatsoever in relation to such purchases which are exclusively between you andthe applicable third party. You agree and acknowledge that we do not endorsethe products or services offered on Third-Party Websites and you shall hold usharmless from any harm caused by your purchase of such products or services.Additionally, you shall hold us harmless from any losses sustained by you orharm caused to you relating to or resulting in any way from any Third-PartyContent or any contact with Third-Party Websites. 11.APPLICATION MANAGEMENTWereserve the right, but not the obligation, to: (1) monitor the Application forviolations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Application orotherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Application in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Application.12.PRIVACY POLICYWe careabout data privacy and security. Please review our Privacy Policy:https://www.getspreadable.com/privacy-policy/. By using the Application, youagree to be bound by our Privacy Policy, which is incorporated into these Termsof Use. Please be advised the Application is hosted in the United States. Ifyou access the Application from any other region of the world with laws orother requirements governing personal data collection, use, or disclosure thatdiffer from applicable laws in the United States, then through your continueduse of the Application, you are transferring your data to the United States,and you agree to have your data transferred to and processed in the UnitedStates. 13. TERMAND TERMINATIONTheseTerms of Use shall remain in full force and effect while you use theApplication. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,DENY ACCESS TO AND USE OF THE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES),TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FORBREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OFUSE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE ORPARTICIPATION IN THE APPLICATION OR DELETE YOUR ACCOUNT AND ANY CONTENT ORINFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.If weterminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowedname, or the name of
any third party, even if you may be acting on behalf of the third party. In additionto terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress. 14.MODIFICATIONS AND INTERRUPTIONSWereserve the right to change, modify, or remove the contents of the Applicationat any time or for any reason at our sole discretion without notice. However,we have no obligation to update any information on our Application. We alsoreserve the right to modify or discontinue all or part of the Applicationwithout notice at any time. We will not be liable to you or any third party forany modification, price change, suspension, or discontinuance of theApplication.We cannot guarantee the Application will be available at all times.We may experience hardware, software, or other problems or need to performmaintenance related to the Application, resulting in interruptions, delays, orerrors. We reservethe right to change, revise, update, suspend, discontinue, or otherwise
modify the Application at any time or for any reason without notice to you. Youagree that we have no liability whatsoever for any loss, damage, orinconvenience caused by your inability to access or use the Application duringany downtime or discontinuance of the Application. Nothing in these Terms ofUse will be construed to obligate us to maintain and support the Application orto supply any corrections, updates, or releases in connection therewith.15.GOVERNING LAWThese conditions are governed by and interpreted following thelaws of the Netherlands, and the use of the United Nations Convention ofContracts for the International Sale of Goods is expressly excluded. If yourhabitual residence is in the EU, and you are a consumer, you additionallypossess the protection provided to you by obligatory provisions of the law ofyour country of residence. Find-R and yourself both agree to submit to thenon-exclusive jurisdiction of the courts of , which means that you may make aclaim to defend your consumer protection rights in regards to these Terms ofUse in the Netherlands, or in the EU country in which you reside. 16.DISPUTE RESOLUTIONInformalNegotiationsTo expedite resolution and control the cost of any dispute,controversy, or claim related to these Terms of Use (each "Dispute"and collectively, the “Disputes”) brought by either you or us (individually, a“Party” and collectively, the “Parties”), the Parties agree to first attempt tonegotiate any Dispute (except those Disputes expressly provided below)informally for at least 30 days before initiating arbitration. Such informalnegotiations commence upon written notice from one Party to the otherParty.Binding Arbitration Any dispute arising from the relationships betweenthe Parties to this contract shall be determined by one arbitrator who will bechosen in accordance with the Arbitration and Internal Rules of the EuropeanCourt of Arbitration being part of the European Centre of Arbitration havingits seat in Strasbourg, and which are in force at the time the application forarbitration is filed, and of which adoption of this clause constitutesacceptance. The seat of arbitration shall be Netherlands. The language of theproceedings shall be . Applicable rules of substantive law shall be the law ofthe Netherlands.RestrictionsThe Parties agree that any arbitration shall belimited to the Dispute between the Parties individually. To the full extentpermitted by law, (a) no arbitration shall be joined with any other proceeding;(b) there is no right or authority for any Dispute to be arbitrated on aclass-action basis or to utilize class action procedures; and (c) there is noright or authority for any Dispute to be brought in a purported representativecapacity on behalf of the general public or any other persons.Exceptions toInformal Negotiations and ArbitrationThe Parties agree that the followingDisputes are not subject to the above provisions concerning informalnegotiations and binding arbitration: (a) any Disputes seeking to enforce orprotect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft,piracy, invasion of privacy, or unauthorized use; and (c) any claim forinjunctive relief. If this provision is found to be illegal or unenforceable,then neither Party will elect to arbitrate any Dispute falling within thatportion of this provision found to be illegal or unenforceable and such Disputeshall be decided by a court of competent jurisdiction within the courts listedfor jurisdiction above, and the Parties agree to submit to the personaljurisdiction of that court.
17. CORRECTIONS
There may be information on the Application that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, andvarious other information. We reserve the right to correct any errors,inaccuracies, or omissions and to change or update the
information on the Application at any time, without prior notice.
18. DISCLAIMER
THE APPLICATION IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLERISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING,WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE APPLICATION’S CONTENT OR THE CONTENT OF ANY
WEBAPPLICATIONS LINKED TO THE APPLICATION AND WE WILL ASSUME NO LIABILITY ORRESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO ORUSE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKEWHICH
MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, AND/OR (6)ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE APPLICATION. WE DO NOT WARRANT, ENDORSE,GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE APPLICATION, ANY HYPERLINKED WEBAPPLICATION, OR ANYWEBAPPLICATION OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU ORANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OFDATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOUFOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALLTIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
OR
$0.00 USD
. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ONIMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESELAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOTAPPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
20. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Application; (2) breach of these Terms of Use; (3) any breach ofyour representations and warranties set forth in these Terms of Use; (4) yourviolation of the rights of a third party, including but not limited tointellectual property rights; or (5) any overt harmful act toward any otheruser of the Application with whom you connected via the Application.Notwithstanding the foregoing, we reserve the right, at your expense, to assumethe exclusive defense and control of any matter for which you are required toindemnify us, and you agree to cooperate, at your expense, with our defense ofsuch claims. We will use reasonable efforts to notify you of any such claim,action, or proceeding which is subject to this indemnification upon becomingaware of it.
21. USER DATA
We will maintain
certain data that you transmit to the Application for the purpose of managingthe
performance of the Application, as well as data relating to your use of theApplication. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Application. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Application, sending us emails, and completing online formsconstitute electronic communications. You consent to receive electroniccommunications, and you agree that all agreements, notices, disclosures, andother communications we provide to you electronically, via email and on theApplication, satisfy any legal requirement that such communication be inwriting. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APPLICATION.You hereby waive any rights or requirements under any statutes, regulations,rules, ordinances, or other laws in any jurisdiction which require an original signatureor delivery or retention of non-electronic records, or to payments or thegranting of credits by any means other than electronic means.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
24. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on theApplication or in respect to the Application constitute the entire agreementand understanding between you and us. Our failure to exercise or enforce anyright or provision of these Terms of Use shall not operate as a waiver of suchright or provision. These Terms of Use operate to the fullest extentpermissible by law. We may assign any or all of our rights and obligations toothers at any time. We shall not be responsible or liable for any loss, damage,delay, or failure to act caused by any cause beyond our reasonable control. Ifany provision or part of a provision of these Terms of Use is determined to beunlawful, void, or unenforceable, that provision or part of the provision isdeemed severable from these Terms of Use and does not affect the validity andenforceability of any remaining provisions. There is no joint venture,partnership, employment or agency relationship created between you and us as aresult of these Terms of Use or use of the Application. You agree that theseTerms of Use will not be construed against us by virtue of having drafted them.You hereby waive any and all defenses you may have based on the electronic formof these Terms of Use and the lack of signing by the parties hereto to executethese Terms of Use.
25.
SPREADABLE PLATFORM USE
The Spreadable platform has been created for and on behalf of customers ofTradier Inc. and its affiliates (“Tradier”). The information contained hereinis not to be construed as an offer to sell or the solicitation of an offer tobuy any financial instruments, where the term “financial instruments” generallyrefer to tradeable monetary contracts between parties including, but notlimited to stocks, bonds, options, futures, and options on futures.
The information contained in this Platform has been obtained from sourcesbelieved to be reliable but is not necessarily all-inclusive and is notguaranteed as to accuracy. The risk of trading stocks and options can besubstantial and each investor must consider whether this is a suitableinvestment for him/her. Past performance is not necessarily indicative offuture results. Persons acting on any information contained in this Platformare responsible for their own actions.
The services provided by Tradier may not be available in all jurisdictions. Itis possible that Tradier may be prevented from opening and maintaining yoursubscription based on your country of residence. If in doubt, please contact anaccount representative.
Any special rules for the use of other items provided on the Platform may beincluded elsewhere within the Platform and are incorporated into these Terms byreference. If you are a customer of Tradier, you may have additional levels ofaccess to the Platform. Your relationship with Tradier is governed by theseTerms, as well as additional agreements or disclosures that Tradier requeststhat you execute.
26. CONTACT US
In order to resolve a complaint regarding the Application or to receive furtherinformation regarding use of the Application, please contact us at: info@getspreadable.com
Find-R
Amsterdam,
Noord Holland,1057TB
