Close

Privacy

 

Stabilify, Inc

Privacy Policy

Last modified: August 9, 2017

 

Introduction  This Privacy Policy discloses Stabilify Inc’s (“Company”, “we”, “us” or “our”) privacy practices and procedures in connection with Stabilify’s website located at www.stabilify.io and all of its webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), services available through our mobile application (the “App”) as well as any software that we provide to you that allows you to access either our Site or App (collectively, the “Services”), and any information, text, graphics, photos or other materials posted or submitted on or through our Services (“Content”). 

 

This Privacy Policy applies solely to information collected by or in connection with the Services.  We may update this Privacy Policy at any time by posting a new Privacy Policy to our Site at www.stabilify.io.  Your access and use of the Services, is subject to this Privacy Policy and to our separate Terms and Conditions of Use www.stabilify.io/tos. Capitalized terms used but not defined in this Privacy Policy are defined in the Terms and Conditions of Use accessible at www.stabilify.io/tos.

 

This policy describes:

 

  • The types of information we may collect or that you may provide when you visit our Site or use our Services.
  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

    This policy applies to information we collect on this Site or any other Services, including email, text, or other electronic communications.

 

    This policy DOES NOT apply to information that:

 

  • We collect offline or on any other Company apps or websites, including websites you may access through this website or our Services..
  • You provide to or is collected by any of third parties that we use to provide the Services.

 

In order to provide the Services, we require information from you.  Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it.

 

If you do not agree with our policies and practices, do not download, register with, or use any of our Services.

 

By downloading, registering with, or using our Services, you agree to this privacy policy. This policy may change from time to time. Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

Children Under the Age of 13  

The Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at contact@stabilifysoftware.com.

 

Information We Collect and How We Collect It  

    We collect information from and about users of our Services:

 

  • Directly from you when you provide it to us.
  • Automatically when you use the Services.

 

    Information You Provide to Us.

 When you download, register with, or use our Services, we may ask you to provide information:

 

  1. By which you may be personally identified, such as without limitation your real name, email address, telephone number, or any other identifier by which you may be contacted online or offline (”Personal Information”).
  1. That is about you but individually does not identify you, such as your date of birth.

    

This information includes:

 

  • Information that you provide by filling in forms in the Services. This includes information provided at the time of registration, survey, promotions sponsored by us, or when you report a problem with the Services.
  • Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
  • Details of transactions you carry out through the Services and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Services.

 

    Automatic Information Collection and Tracking.

 

    When you download, access, and use any of our Services, they may use technology to automatically collect:

 

  1. Usage Details. To provide our Services, we use data about your moods and interaction with our site. Additionally, we rely on information that is automatically gathered when you use our Services such as time (UTC), location, log information, and other basic communication data.
  1. Device Information. We may collect information about your browser or mobile device, too, including without limitation its unique device identifier (e.g. UDID), mobile network, telephone number, and within which mobile application our Services are being used; or, when using our Site, your IP address operating system, and browser type.
  1. Stored Information, Files, and Logs. The Services also may access metadata and other information associated with other files stored on your device. This may include, for example but without limitation, photographs, audio and video clips, app data, personal contacts, and address book information.
  1. Location Information. Our Services may also collect real-time information about the location of your device.

    If you do not want us to collect this information do not use our Services. Although you may opt-out of some of our data collection practices by disabling access in your phone or browser’s settings, doing so will limit our Services’ efficacy.

 

 

    Information Collection and Tracking Technologies. The technologies we use for automatic information collection may include:

 

  1. Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our Services.
  1. Web Beacons. Pages of our Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

 

 

Third-Party Information Collection  

    When you use the Services or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties include:

 

  • Google Cloud Platform and Analytics
  • Amazon Web Services
  • Your mobile service provider
  • Heap
  • Typeform

    These third parties may use tracking technologies to collect information about you when you use this our Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online and mobile activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

 

    We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about their privacy practices, you should contact the responsible provider directly.

 

How We Use Your Information  

    We use information that we collect about you or that you provide to us, including any Personal Information, to:

 

  • Provide you with our Services, their contents, and any other information, products, or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Give you notices about your account or subscription, including expiration and renewal notices.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Notify you when updates are available, and of changes to any products or services we offer or provide though our Services.

 

    The usage information we collect helps us to improve our Services and to deliver a better and more personalized experience by enabling us to:

 

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Services according to your individual interests.
  • Optimize our Services for you and other users.
  • Recognize you when you use the Services.

 

    We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (e.g., our registration form) or adjust your user preferences in on our Site. You can also e-mail us to request this at contact@stabilifysoftware.com.

    

 

Disclosure of Your Information  

    We may disclose aggregated, anonymized information about our users and information that does not identify any individual or device, without restriction.

 

    In addition, we may disclose Personal Information that we collect or you provide:

 

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Services users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent or at your direction.  For example, our Services allow you to share Personal Information (including, for instance, your Mood Chart) with your friends or social network.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others.

 

Your Choices About Our Collection, Use, and Disclosure of Your Information  

    We strive to provide you with choices regarding the Personal Information you provide to us. This section describes available mechanism to control certain uses and disclosures of over your information.

 

  1. Tracking Technologies. You can set your browser and phone to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the Services may then be inaccessible or not function properly.
  1. Location Information. You can choose whether or not to allow the Services to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Services may then be inaccessible or not function properly.

 

As stated, we do not control third parties’ collection or use of your information to serve interest-based advertising.  However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.

 

Accessing and Correcting Your Personal Information 

You can review and change your Personal Information by logging into the Services and visiting your account profile page.

 

You may also send us an email at contact@stabilifysoftware.com to request access to, correct, or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

 

 

Data Security  

We have implemented point-to-point encryption and other security measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.

 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

 

Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

 

Changes to Our Privacy Policy  

We may update our privacy policy from time to time. If we make material changes to how we treat our users’ Personal Information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated.

 

The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this privacy policy to check for any changes.

 

Contact Information  

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

contact@stabilifysoftware.com or via postal mail at Stabilify Inc, C/O Privacy Administrator, 3415 S Sepulveda Blvd Ste 1173 Los Angeles, CA 90034

Close

Close

Terms

Stabilify

Terms of Use

Last Modified: August 8, 2017

 

Acceptance of the Terms of Use  

 

These terms and conditions of use (this “Agreement” or “Terms”) contain the complete terms and conditions applicable to your (“you” or “your”) access to and use of the services and features available on Stabilify, Inc’s (“Company”, “we”, “us” or “our”) website and domains, including at www.stabilifysoftware.com and all of its webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”) as well as any software that we provide to you that allows you to access either our Site (collectively, the “Services”), and any information, text, graphics, photos or other materials posted or submitted on or through our Services (“Content”).  YOUR USE OF OUR SERVICES CONSTITUTES ACCEPTANCE AND ACKNOWLEDGMENT OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

IMPORTANT NOTES:

 

HEALTH AND MEDICAL SERVICE DISCLAIMER.  WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. OUR SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911.

 

ARBITRATION AGREEMENT & WAIVER OF JURY TRIALS AND CLASS ACTIONS. This Agreement contains a dispute resolution and arbitration provision, including class action waiver and waiver of jury trials, which affects your rights under these Terms and with respect to any dispute you may have with the Company.

 

NO WARRANTY.  YOUR USE OF AND RELIANCE ON THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES, INFORMATION, OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

CHANGES. Company may change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on the Service or Site, by posting a notice on the Site, via email, or text message. By using the Services after we have updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Services.

 

READ OUR PRIVACY POLICY. These Terms and the rights and obligations contained herein are in addition to and incorporate the Privacy Policy [HYPERLINK TO PRIVACY POLICY] by reference.

 

RESTRICTIONS.  Our Services are offered and available to users who are at least 18 years of age and reside in the United States or any of its territories or possessions and are capable of entering into a legally binding contract. By using our Services, you represent and warrant that you are of legal age and can form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

 

NO DOCTOR PATIENT RELATIONSHIP. Any and all services provided by, in and/or through the Services are for informational purposes only. Company is not a medical professional, and Company does not provide medical services, or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. YOUR USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND COMPANY OR ITS EMPLOYEES OR AFFILIATES.

 

Accessing the Services and Account Security  

 

We reserve the right to withdraw or amend our Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

    You are responsible for:

 

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your phone or internet connection are aware of these Terms and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services are correct, current, and complete. You agree that all information you provide to register with our Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy  (http://www.stabilifysoftware.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

 

 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

Subscription, Termination, and Modification.

 

Free Access Subscription.  Company may but is not obligated to provide you with our Services for free or on a trial basis (a “Free Access Subscription”) or as “alpha”, “beta” or other early-stage Services.  As with the Services generally, you recognize that COMPANY PROVIDES THE FREE ACCESS SUBSCRIPTION ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT, MAINTENANCE, STORAGE, OR INDEMNITY OBLIGATIONS OF ANY KIND.  We maintain the right in our sole discretion to modify the Free Access Subscription at any time and without notice.

 

Subscription Plan.  In addition to the Free Access Subscription, Company offers additional data and insight for a subscription fee (“Premium Account”). See pricing information on Site. Upon selection and purchase, access to the Services will be provided in accordance with the terms of the specific Premium Account that you’ve selected.

 

Term.  This Agreement will commence when you click “I accept,” “I agree,” or use the Services and shall continue for the Free Access Subscription, if applicable. If not applicable or if the Free Access Subscription period has expired, this Agreement shall renew on the date of purchase (the “Start Date”) of the Premium Account plan, if any, that you select to purchase to use our Services.  This Agreement shall continue from the Start Date through the initial term specified by the Premium Account plan (the “Initial Term”). At the end of the Initial Term, this Agreement will automatically renew on the day following the last day of the Initial Term (“First Renewal Date”) and will automatically renew thereafter on the first day of each renewal period (“Renewal Period”) as specified by the Premium Account you purchased, unless either party provides to the other electronic notice of termination in accordance with the terms of this Agreement. The Free Access Subscription, Initial Term specified by the Start Date and the First Renewal Date of the Subscription Plan, and each subsequent renewal term specified by the First Renewal Date and the Renewal Period of the Subscription Plan are collectively the “Term.”

 

Termination. You are solely responsible for properly canceling your account.  You may terminate your Premium Account Plan at any time.  Similarly, the Company may cancel your account at its sole discretion and without notice.  We are not responsible for any data lost if either party cancels your subscription or account, and we are not obligated to delete whatever data we have stored, saved, or maintained on our servers.

 

Refunds and Fees. We offer no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

 

Modifications to the Service and Prices.  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice.  Prices of the Services, including but not limited to monthly Premium Account fees, are subject to change upon thirty-day (30) notice from us. Such notice may be provided at any time by posting the changes to our Site, or notification via email.  Company shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

 

Intellectual Property Rights  

 

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

 

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, attempt to reverse engineer, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

 

  • Your computer and phone may temporarily store copies of such materials in RAM incidental to your accessing, using, and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

 

    You must not:

 

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Services.

 

    You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

 

    If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of this Agreement, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

 

Trademarks  

 

    The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.

 

Prohibited Uses  

 

    You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

 

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of our Services or expose them to liability.

 

    Additionally, you agree not to:

 

  • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, reverse engineer, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, application, or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

 

Changes to the Services  

 

We may update the content or code on our Services from time to time, but its content and code are not necessarily complete or up-to-date.

 

Information About You and Your Visits to the Services  

 

All information we collect on our Services is subject to our Privacy Policy http://www.stabilifysoftware.com/privacy.hmtl . By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

 

 

Geographic Restrictions  

 

The Company is based in the state of California in the United States. We provide our Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties  

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or that the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PHONE, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH COMPANY OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

 

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, APP, OR THE SERVER THAT MAKES OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH COMPANY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability  

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification  

 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.

 

Governing Law and Jurisdiction  

 

All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

Arbitration Provision; Waiver of Class Action & Jury Trial  

 

Arbitration Agreement.  At Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

 

Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under the Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

 

Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THE ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

 

Limitation on Time to File Claims  

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability  

 

No waiver of by the Company of any term or condition set out in these Terms shall 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 the Company to assert a right or provision under these Terms shall 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 shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

 

Entire Agreement  

 

The Terms and our Privacy Policy constitute the sole and entire agreement between you and us regarding your use of our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

 

 

Your Comments and Concerns

 

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: contact@stabilifysoftware.com and you may also contact us via postal mail at Stabilify Inc, 3415 S Sepulveda Blvd Ste 1173 Los Angeles, CA 90034.

 

 

Close

Terms and Privacy

Terms

Open

Privacy

OPen