Your use of the Services may be subject to additional policies, rules, or conditions (“AdditionalTerms”), and you acknowledge that by using such Services you agree to also comply with suchAdditional Terms.
Note that these Terms provide for dispute resolution by arbitration and include a waiver of class actions. Except as otherwise specified below in the Arbitration section, you agree that any dispute between you and Leeway will be resolved through binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.
If you have an questions regarding the Terms or the Services, you may contact Leeway at firstname.lastname@example.org.
Legal Capacity. The Services may only be used by those at least 18 years of age (or any older age of majority required by any state) and who have the legal capacity required to form a binding contract. By using the Services, you represent that you are at least 18 years of age and have the legal capacity required to enter into a contract with Leeway. Only the legal guardian of a minor may enter information about that minor into the Services. By using the Services on behalf of a minor, you consent to the Terms on behalf of such minor.
Services. Leeway grants you access to use the Services for your personal, non-commercial use only in accordance with these Terms. You are not authorized to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Services (or any part thereof). Leeway reserves the rights to, at any time, (a) suspend your access to use the Services and (b) modify the Services. Leeway does not engage in the practice of medicine, including offering medical advice, making diagnoses, prescribing medicine or course of treatment, or the like. You acknowledge that although some aspects of the Services may be provided by medical professionals, such does not constitute a medical professional-patient relationship between you and Leeway. Reliance on any information provided through the Services is at your own risk, and Leeway will not be responsible for any decisions you make based on the Services.
Payments. Leeway reserves the right to charge for the Services and will notify you of any associated fees before you use any such Services. You will be responsible for paying, withholding, filing, and, reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
Intellectual Property Rights. The Services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Leeway, its licensors or other providers of such material and are protected by UnitedStates and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as may be expressly provided otherwise under these Terms, the provision of Services will not affect the ownership of any data used with or generated pursuant to any use of the Services. Leeway remains the sole and exclusive owner of any data that may be provided for use as part of the Services.
Warranty Disclaimer. The Services are provided “as-is”, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Services will be uninterrupted or error-free. The foregoing disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation of Liability. To the fullest extent permitted by applicable law, under no circumstances will Leeway, its affiliates, or their respective licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind under any legal theory (even if foreseeable) arising out of or in connection with your use of the Services, including any direct, indirect, special, incidental, consequential, or punitive damages, including without limitation lost profits, business interruption, loss of data, loss of goodwill, work stoppage, accuracy of results. The foregoing limitation does not affect any liability that cannot be excluded or limited under applicable law.
Indemnification. You agree to indemnify and hold Leeway, its affiliates, and their respective employees, agents, officers, and directors harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees)arising from or in any way related to any claims relating to (a) your use of the Services(including any actions taken by a third party using your account), and (b) your violation of theseTerms. In the event of such a claim, Leeway will attempt to provide notice to the contact information in your account, provided that failure to deliver such notice will not eliminate or reduce your indemnification obligations.
Assignment. You may not assign, delegate or transfer these Terms nor any of your rights or obligations under these Terms, nor your Services account, in any way (by operation of law or otherwise) without Leeway’s prior written consent.
Governing Law. These Terms are governed by and will be construed under the FederalArbitration Act, applicable federal law, and the laws of the State of Utah, without regard to its conflicts of laws provisions.
Arbitration Agreement. Please read this section carefully as these Terms require you to arbitrate certain disputes and claims with Leeway.
a) Arbitration Rules. In the event of any dispute under these Terms, the parties shall first attempt to settle such dispute through good-faith negotiations. If such negotiations do not resolve the dispute, it will be finally settled by binding arbitration in Salt Lake City, Utah. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator will be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
b) Costs. The Rules will govern payment of all arbitration fees.
c) Exception to Arbitration. Notwithstanding the foregoing obligation to arbitrate disputes, each party may assert claims in small claims court (if such claims qualify) or pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
d) Waiver of Jury Trial. You and Leeway waive any constitutional and statutory rights to go to court and have a trial in front of a judge or jury (except as otherwise provided in this arbitration agreement). You and Leeway are instead choosing to have claims and disputes resolved by arbitration.
e) Waiver of Class Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated (or litigated, if permitted) on an individual basis and not on a class basis. Claims of more than one customer or user may not be arbitrated (or litigated, as the case may be) jointly or consolidated with those of any other customer or user. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Leeway is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in subsection (f) below.
f) Exclusive Venue. Under any circumstances where this arbitration agreement permits either you or Leeway to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Leeway agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Salt Lake City, Utah.
g) Severability. If the prohibition against class actions is found to be unenforceable, then all provisions of this arbitration agreement about arbitration will be null and void. This arbitration agreement will survive the termination of your relationship with Leeway.
Third-Party Beneficiaries. Except as expressly set forth in any App Store terms and conditions and the arbitration agreement, you and Leeway agree there are no third-party beneficiaries intended under these Terms.
Miscellaneous. No waiver by Leeway of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Leeway to assert a right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.