Terms and Conditions

Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA)). If your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Privacy Overview (What We Process)

When you visit, use, or navigate our Services, we may process personal information depending on how you interact with us and the Services, the choices you make, and the products and features you use. We do not process sensitive personal information and we do not receive any information from third parties. We process your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with law. We may also process your information for other purposes with your consent and only when we have a valid legal reason to do so.

We may share information in specific situations and with specific third parties. We implement organizational and technical measures designed to protect your personal information, but we cannot guarantee that unauthorized third parties will not be able to defeat our security.

Depending on your location, the applicable law may grant you certain rights regarding your personal information. The easiest way to exercise your rights is by contacting us at kwipoo-support@adventureware.com. We will consider and act upon any request in accordance with applicable data protection laws.

Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purpose. Except as set out herein, no part of the Services, 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 without our express prior written permission.

If we grant you permission to post, reproduce, or publicly display any part of the Services or Content, you must identify us as the owners or licensors and ensure any copyright or proprietary notice appears. We reserve all rights not expressly granted. Any breach of these Intellectual Property Rights will constitute a material breach of these Legal Terms and your right to use the Services will terminate immediately.

Your submissions and contributions

Submissions

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. We own the Submission and may use and disseminate it for any lawful purpose without acknowledgment or compensation to you.

Contributions

The Services may invite you to create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services (“Contributions”). Contributions may be viewable by other users and through third-party websites. When you post Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, reproduce, distribute, sell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt, and exploit your Contributions (including your image, name, and voice) for any purpose, and to prepare derivative works or incorporate into other works, and to sublicense the foregoing rights.

You are responsible for what you post

You represent and warrant that your Submissions and Contributions comply with these Legal Terms and applicable law; you waive moral rights to the extent permitted by law; you have all necessary rights to grant the licenses above; and your Submissions/Contributions do not contain confidential information. You are solely responsible for your Submissions/Contributions and agree to reimburse us for losses arising from your breach, infringement, or unlawful conduct.

We may remove or edit your content

Although not obligated to monitor Contributions, we may remove or edit any Contributions at any time without notice if we consider them harmful or in breach of these Legal Terms. We may suspend or disable your account and report you to authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe material available on or through the Services infringes a copyright you own or control, see “Copyright Infringements” below for how to notify us.

User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain and promptly update such information; (3) you have legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in your jurisdiction; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for illegal or unauthorized purposes; and (7) your use will not violate any applicable law or regulation. We may suspend or terminate your account for any breach.

User Registration

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account. We may remove, reclaim, or change a username at our sole discretion if deemed inappropriate, obscene, or otherwise objectionable.

Purchases and Payment

We accept Visa, Mastercard, American Express, Discover, and PayPal. You agree to provide current, complete, and accurate purchase and account information for all purchases via the Services and to promptly update account and payment information. Sales tax may be added as required. Prices may change at any time. All payments are in U.S. dollars.

You agree to pay all charges at the prices then in effect and applicable shipping fees, and you authorize us to charge your payment provider accordingly, including on a recurring basis where applicable until you cancel. We reserve the right to correct pricing errors and to refuse any order. We may limit or cancel quantities per person, household, or order, including those using the same account, payment method, and/or billing/shipping address, or that appear to be placed by dealers, resellers, or distributors.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation takes effect at the end of the current paid term. If you are unsatisfied with our Services, please email us at kwipoo-support@adventureware.com.

Prohibited Activities

You may not access or use the Services for any purpose other than those we make available. The Services may not be used for commercial endeavors except those specifically endorsed or approved by us.

• Systematically retrieving data or other content to create a compilation, database, or directory without our written permission.
• Tricking, defrauding, or misleading us or other users; attempting to learn sensitive account information.
• Circumventing, disabling, or interfering with security-related features or usage limitations.
• Harassing, abusing, harming, disparaging, or tarnishing us or the Services.
• Using information obtained from the Services to harass or harm another person.
• Misusing support services or submitting false reports.
• Using the Services contrary to applicable laws or regulations.
• Unauthorized framing or linking.
• Uploading/transmitting viruses, malware, spam, or disruptive content.
• Automated use of the system (bots, scripts, data mining, scraping) without authorization.
• Deleting copyright or proprietary notices; impersonating another user.
• Uploading/transmitting passive or active information collection mechanisms (e.g., web bugs, 1×1 pixels) without consent.
• Interfering with or creating undue burden on the Services or connected networks.
• Harassing or threatening our employees or agents.
• Bypassing access measures; copying or adapting software; reverse engineering where prohibited.
• Using buying agents or purchasing agents; unauthorized collection of emails/usernames.
• Competing with us using the Services/Content for revenue-generating endeavors.
• Selling or transferring your profile.

User Generated Contributions

The Services may invite you to contribute content (collectively, “Contributions”) which may be viewable by others and through third-party websites. Contributions are treated as non-confidential and non-proprietary.

By creating or making Contributions, you represent and warrant that: you own or have the necessary rights to your Contributions; your Contributions do not infringe third-party rights; you have consent from identifiable individuals; your Contributions are not false, misleading, unlawful, obscene, harassing, defamatory, hateful, violent, or otherwise objectionable; and your Contributions comply with these Legal Terms and applicable law.

Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.

Contribution License

By posting Contributions or making them accessible via linked accounts, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to host, use, copy, reproduce, disclose, sell, publish, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, distribute, prepare derivative works of, and incorporate into other works such Contributions (including your image and voice), and to grant sublicenses. This license applies to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and marks as applicable.

You waive all moral rights in your Contributions to the extent permitted by law. We do not claim ownership of your Contributions. You retain full ownership and associated rights. We are not liable for statements or representations in your Contributions. We may edit, re-categorize, pre-screen, or delete Contributions at any time and for any reason without notice. We have no obligation to monitor Contributions.

Mobile Application License

Use License

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices you own or control, and to access and use the App strictly per these Legal Terms. You shall not decompile, reverse engineer, disassemble, or attempt to derive source code except as permitted by law; make derivative works; violate laws; remove proprietary notices; use for revenue-generating endeavors not intended; enable multi-user access beyond intended; create competing products; send automated queries or unsolicited emails; or misuse our IP in designing applications or accessories.

Apple and Android Devices

Additional terms apply for Apps obtained from Apple App Store or Google Play. Maintenance and support, warranty disclaimers, compliance with third-party agreements, export restrictions, and third-party beneficiary rights of the App Distributors apply as provided in their terms. If the App fails to conform to any applicable warranty, you may notify the App Distributor for a refund (if any); the App Distributor has no other warranty obligation to the maximum extent permitted by law.

Social Media

You may link your account with online accounts you have with third-party service providers (“Third-Party Accounts”). By granting us access, you understand we may access and store certain content and information from those accounts subject to your settings. If a Third-Party Account becomes unavailable or access is terminated, related content may no longer be available through the Services. Your relationship with Third-Party service providers is governed solely by your agreements with them.

We may access your device address book or contacts solely to identify contacts who also use the Services. You may disable connections at any time via settings or by contacting us; we will attempt to delete information obtained via such Third-Party Accounts (except username and profile picture associated with your account).

Third-Party Websites and Content

The Services may contain links to third-party websites or content (“Third-Party Websites” and “Third-Party Content”). Such items are not monitored or checked by us, and we are not responsible for them. Inclusion does not imply approval or endorsement. Your use of Third-Party Websites/Content is at your own risk and subject to their terms and policies. We are not responsible for purchases made through Third-Party Websites and you agree we are not liable for harm resulting from your interactions with Third-Party Websites/Content.

Advertisers

We may allow advertisers to display advertisements in certain areas of the Services. We provide space only and have no other relationship with advertisers unless stated.

Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations; (2) take legal action against violators; (3) refuse, restrict, limit, or disable any Contributions; (4) remove or disable files and content that are excessive in size or burdensome; and (5) otherwise manage the Services to protect our rights and ensure proper functioning.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States. If you access the Services from another region with different data laws, you are transferring your data to the United States and consent to that transfer and processing in the United States.

Copyright Infringements

If you believe that material available on or through the Services infringes upon any copyright you own or control, please notify us using the contact information below (a “Notification”). A copy of your Notification may be sent to the person who posted the material. You may be liable for damages if you materially misrepresent that content is infringing. If unsure, consider first contacting an attorney.

Term and Termination

These Legal Terms remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR FOR NO REASON. We may terminate your use or delete your account and any content you posted at any time without warning. If terminated or suspended, you are prohibited from registering a new account under any name. We may pursue civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time for any reason at our sole discretion without notice, and have no obligation to update any information. We are not liable for any modification, price change, suspension, or discontinuance. We cannot guarantee the Services will be available at all times and are not liable for downtime or discontinuance. Nothing obligates us to maintain or support the Services or supply corrections, updates, or releases.

Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles, for agreements made and performed entirely within Colorado.

Dispute Resolution

Informal Negotiations

Before initiating arbitration, the parties agree to attempt to negotiate any dispute, controversy, or claim related to these Legal Terms (“Dispute”) informally for at least thirty (30) days after written notice.

Binding Arbitration

If not resolved, the Dispute (except as expressly excluded) will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Arbitration fees and compensation will be governed by AAA Consumer Rules; if costs are excessive, we will pay all arbitration fees and expenses.

Arbitration may be conducted in person, via documents, by phone, or online. The arbitrator will make a written decision and must follow applicable law. Except as required by AAA rules or applicable law, arbitration will take place in Hamilton, Ohio. Parties may litigate in court to compel arbitration, stay proceedings, or confirm/modify/vacate awards.

If a Dispute proceeds in court rather than arbitration, it shall be commenced or prosecuted in the state and federal courts located in Hamilton, Ohio. Parties consent to jurisdiction and waive defenses of lack of personal jurisdiction and forum non conveniens. Application of the UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded. No Dispute may be brought more than one (1) year after the cause of action arose.

Restrictions

Arbitration shall be limited to the Dispute between the parties individually. To the extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) no class-action arbitration or class procedures; and (c) no representative capacity claims on behalf of the public or others.

Exceptions

The following Disputes are not subject to informal negotiations or binding arbitration: (a) disputes to enforce/protect/validate IP rights; (b) disputes related to theft, piracy, invasion of privacy, or unauthorized use; and (c) claims for injunctive relief. If any part of this section is illegal or unenforceable, such Dispute shall be decided by a court of competent jurisdiction as specified above.

Corrections

Information on the Services may contain typographical errors, inaccuracies, or omissions (including descriptions, pricing, and availability). We reserve the right to correct and update such information at any time without prior notice.

Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING 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 SERVICES’ CONTENT OR ANY LINKED CONTENT AND ASSUME NO LIABILITY FOR: (1) ERRORS OR INACCURACIES; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM USE; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL/FINANCIAL INFORMATION; (4) INTERRUPTION OR CESSATION OF TRANSMISSION; (5) BUGS, VIRUSES, OR THE LIKE TRANSMITTED BY THIRD PARTIES; OR (6) ERRORS OR OMISSIONS IN CONTENT OR LOSS/DAMAGE FROM CONTENT MADE AVAILABLE VIA THE SERVICES. WE DO NOT ENDORSE OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE ADVERTISED THROUGH THE SERVICES OR ANY LINKED SITE.

Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS; SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold us harmless (including our subsidiaries, affiliates, and respective officers, agents, partners, and employees) from and against any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees) due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) breach of your representations and warranties; (5) violation of third-party rights; or (6) any harmful act toward another user with whom you connected via the Services. We may assume exclusive defense and control of any matter subject to indemnification; you agree to cooperate at your expense.

User Data

We will maintain certain data you transmit to the Services for performance management and usage analytics. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to your activities. We have no liability to you for any loss or corruption of such data and you waive any claim arising from such loss or corruption.

Electronic Communications, Transactions, and Signatures

Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS. You waive any rights requiring original signatures or non-electronic records or payments by non-electronic means.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you may 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, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver. These Legal Terms operate to the fullest extent permissible by law. We may assign our rights and obligations at any time. We are not responsible for any loss, damage, delay, or failure to act caused by events beyond our reasonable control. If any provision is unlawful, void, or unenforceable, that provision is severable and does not affect remaining provisions. No joint venture, partnership, employment, or agency relationship is created by these Legal Terms or your use of the Services. These Legal Terms will not be construed against us by virtue of having drafted them. You waive any defenses based on the electronic form of these Legal Terms and the lack of signing by the parties.

Contact Us

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at kwipoo-support@adventureware.com or by post at:

AdventureWare, LLC
2840 Dwight Ave
Dayton, OH 45420
United States