1. Essentials 24
a. Who can use Essentials 24?
You may use our Products only if you can form a binding contract with Indigitous, and only in compliance with these TOU and all applicable laws. When you create your account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are authorized to grant all permissions and licenses provided in these TOU and bind the entity to these TOU, and that you agree to these TOU on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these TOU will apply to such upgrades.
b. Our license to you
Subject to these TOU and our policies (such as our Acceptable Usage Policy), we grant to you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
c. Commercial use of Essentials 24
Commercial use of Essentials 24 is prohibited.
2. Your Content
a. Sending messages and content
Essentials 24 allows you to send content available in Essentials 24. Anything you send or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you send through Essentials 24.
b. How Essentials 24 and other users can use your content
You grant Indigitous and its users who communicate with you through Essentials 24 a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform and distribute your User Content in Essentials 24 solely for the purposes of operating, developing, providing and using the Products. Nothing in these TOU will restrict other legal rights we may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these TOU or our policies.
c. How long we keep your content
Following termination or deactivation of your account, or if you remove any User Content from Essentials 24, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, we and the users you shared with may retain and continue to use, store, display, reproduce, modify, create derivative works, perform and distribute any of your User Content.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Essentials 24 more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to them without any restriction or compensation to you. By accepting your submission, we do not waive any rights to use similar or related Feedback previously known to us, or developed by our employees, or obtained from sources other than you.
We care about the security of our users. While we work to protect the security of your content and account, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account. We also recommend that you use appropriate security, such as a password, on your mobile device.
4. Third-Party Links, Sites and Services
Our Products may contain links to third party websites, services, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third party website, service, or content from Essentials 24, you do so at your own risk and you agree that we will have no liability arising from your use of or access to any third-party website, service, or content.
We may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 5-11 of these TOU.
If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold Indigitous and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (i) your access to or use of our Products, (ii) your User Content, or (c) your breach of any of these TOU.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.
INDIGITOUS SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We take no responsibility and assume no liability for any User Content that you or any other user or third party sends or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, or otherwise unsuited to your purpose.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDIGITOUS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS, (II)ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL INDIGITOUS'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE PRODUCTS EXCEED TEN U.S. DOLLARS (U.S. $10.00).
For any dispute you have with Indigitous, you agree to first contact us and attempt to resolve the dispute with us informally. If Indigitous has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connect with or relating to these TOU by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Indigitous agree otherwise, the arbitration will be conducted in the United States. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent Indigitous from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Products.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING THESE TOU, YOU AND INDIGITOUS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Individuals who are classified as religious order missionaries under the umbrella of Campus Crusade for Christ International, are subject to our internal policies and procedures, as applicable, before any other dispute resolution provided herein except for Indigitous' injunctive or other equitable relief provisions.
10. Governing Law and Jurisdiction.
These TOU will be governed by the laws of the State of Florida, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state or federal court located Orange County, Florida, for actions not subject to Section 9 (Arbitration).
Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
11. General Terms
a. Notification Procedures and changes to these TOU. Indigitous reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these TOU from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised TOU. If you do not agree to the new terms, please stop using the Products.
b. Assignment. These TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Indigitous without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
c. Entire Agreement/Severability. These TOU, together with the Privacy Notice and any amendments and any additional agreements you may enter into with Indigitous in connection with the Products, constitute the enter agreement between you and Indigitous concerning the Products. If any provision of these TOU is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these TOU will remain in full force and effect.
d. No Waiver. No waiver of any term of these TOU will be deemed a further or continuing waiver of such term or any other term, and Indigitous' failure to assert any right or provision under these TOU will not constitute a waiver of such right or provision.
Effective: July 9, 2015