Terms of Use

This product and/or service is operated by Augmodo Inc. (“Augmodo”) (including, but not limited to, the Augmodo website) and related applications, tools and services (collectively, the “Augmodo Services”) and these terms and conditions apply to all websites, applications, tools and services owned, operated, controlled and otherwise made available by Augmodo, its parent, their affiliates and subsidiaries (including, but not limited to, mirrored, co-branded and successor sites).

IMPORTANT – READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS SERVICE, SUBSCRIBING TO AUGMODO SERVICES, PURCHASING PRODUCTS, DOWNLOADING SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE AUGMODO SERVICES AND PRODUCTS, AND THE RELATED AUGMODO SOFTWARE, DATA, CONTENT AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE “AUGMODO TECHNOLOGY”).

AUGMODO IS WILLING TO PROVIDE YOU WITH ACCESS TO THIS AUGMODO TECHNOLOGY THROUGH THIS SERVICE AND MAKE AVAILABLE PRODUCTS AND SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM AUGMODO OR ITS AFFILIATES IN CONNECTION WITH THE AUGMODO TECHNOLOGY (COLLECTIVELY, “REGISTRATION AND ORDER FORMS”) AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, PROMPTLY CEASE USING THE AUGMODO TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE AUGMODO TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM AUGMODO.

This Agreement represents a legally binding agreement among you, your representatives, and Augmodo. Please be advised that the terms and conditions of this Agreement contain provisions that govern the handling of lawsuits (see “Warranty Disclaimer”, “Waiver of Class Action”, “Limitation of Liability”, “Arbitration” and “Jurisdiction” provisions below (among others)). It also contains a waiver of jury trial and an agreement to arbitrate which will, with limited exception, require you to submit claims you have against Augmodo or Augmodo’s agents to binding and final arbitration.

Authority

By accessing, subscribing, downloading and/or otherwise using the Augmodo Technology, you (a) certify that you are at least 18 years of age, and that, if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (b) have read this Agreement and have agreed to be legally bound by this Agreement, and (c) agree to all operating rules and policies of Augmodo that may be published within the Augmodo Technology.

If you are acting on behalf of a business entity, the principals of the entity hereby join in the entering into and execution of the terms and conditions of this Agreement for the purpose of guaranteeing the performance by you of your obligations under this Agreement.

Intellectual Property

The Augmodo Technology (including, this website) is owned and operated by Augmodo and its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2024 Augmodo Inc. All rights reserved. The compilation and arrangement of all content, data and other information found within the Augmodo Technology is also the sole and exclusive property of Augmodo and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the Augmodo Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Augmodo and its licensors and are fully protected under U.S. and international intellectual property laws.

Use of the Augmodo Technology

Subject to the terms and conditions of this Agreement and any third party restrictions, Augmodo grants you a non-transferable, non-exclusive and non-sublicensable limited right and license to view, use and access the Augmodo Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content available within the Augmodo Technology solely for your informational purposes and for your immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Service or through the Augmodo Technology; provided that you retain all Augmodo copyright and proprietary notices contained in the original materials or any copies thereof.

All rights not expressly stated herein are reserved by Augmodo and Augmodo disclaims any and all implied licenses. Without limiting the foregoing, you agree not to:

reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access the Augmodo Technology, or any part thereof;
copy, distribute, display, transmit or reproduce the Augmodo Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise;
publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the Augmodo Technology, or any part thereof;
assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder;
use the Augmodo Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of Augmodo, its third-party suppliers or any other third party;
upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
use Augmodo Technology to harm minors in any way;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using Augmodo Technology;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Augmodo Technology;
upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Augmodo Technology or servers or networks connected to the Augmodo Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the Augmodo Technology (including, but not limited, to this Service);
“stalk” or otherwise harass another;
collect or store personal data about other users and the Augmodo Technology content and or usage;
engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Augmodo Services and/or Augmodo Technology.

You agree not to access the Augmodo Technology by any means other than through the interface that is provided to you by Augmodo for use in accessing the Augmodo Technology.

By posting information or other materials on or within the Augmodo Technology or by making such information available for downloading by you, Augmodo does not waive any proprietary right in and to the Augmodo Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the Augmodo Technology except for the limited license expressly granted herein.

Submissions

Subject to any separate agreement between Augmodo and you (including, but not limited to, any services, employment, or independent contractor agreement, collectively, “Additional Agreement”) and/or Augmodo’s Privacy Policy, any Submission you transmit to Augmodo through the Augmodo Services, Augmodo Technology or email may be used by Augmodo anywhere, anytime and for any reason whatsoever. You shall remain the sole and exclusive owner of your Submission and shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submissions to Augmodo, you hereby grant Augmodo a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submissions for any legal purposes whatsoever.

Any Submission you provide to Augmodo will be deemed public information not subject to any confidentiality obligation and Augmodo shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, Augmodo’s Privacy Policy shall govern Augmodo’s disclosure of such information.

By making a Submission, you waive the right to make any claim against Augmodo or any of its respective parents, subsidiaries, affiliates, employees, agents, directors, officers, shareholders and successors and assignees related to the Submission.

You represent and warrant that your Submissions:

shall be true, accurate, current, complete and not misleading,
shall not violate the rights of any third party,
shall not be fraudulent or involve counterfeit or stolen information or items,
shall not violate any law, statute, ordinance or regulation,
shall not create any liability for Augmodo, and
will not conflict with, result in a breach of, constitute a default under, result in the acceleration of, create in any party the right to accelerate, terminate, modify or cancel, or require any notice under any agreement or arrangement to which you are a party or are bound with a third party.

Submission Disclaimer

Augmodo does not and cannot review all Submissions posted to or created by users accessing the Augmodo Technology and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Augmodo Technology, Augmodo is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Even though Augmodo may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof.

Limitations on Internet

You acknowledge that Augmodo may establish limits concerning use of the Internet, including, without limitation, the maximum number of days that submissions will be retained, the maximum number and size of postings, e-mail messages, or other Submissions that may be transmitted or stored, and the frequency with which you may access the Internet.

You agree that Augmodo has no responsibility or liability for the deletion or failure to store any Submissions maintained or transmitted by the Internet.

Electronic Delivery Policy and Your Consent

By using the Augmodo Technology, you consent to electronically receive from Augmodo all communications including notices, agreements, legally required disclosures or other information in connection with the Augmodo Technology.

Trademarks

Any and all trademarks displayed within the Augmodo Technology are owned by Augmodo, its licensors or its affiliates. Nothing in this Agreement should be construed as transferring any aspects of such rights to you or to any third party.

Confidentiality

At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of Augmodo.

Warranty Disclaimer

You access and use the Augmodo Technology at your sole risk. Except as otherwise expressly provided herein, the Augmodo Technology is provided to you on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, Augmodo disclaims all representations, guarantees and warranties (whether express, statutory or implied) of any kind, including, but not limited to, implied warranties of title, merchantability, data accuracy, system integration, fitness for a particular purpose, non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise.

Waiver of Class Action

If the forum for any matter arising in connection with this Agreement is in the United States, the parties agree to waive the right to bring consolidated disputes or to participate in class action proceedings.

Limitation of Liability

NEITHER AUGMODO, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE AUGMODO TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE AUGMODO TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THIS SERVICE.

Access to Augmodo Technology

You shall be responsible for obtaining access to the Augmodo Technology and for all equipment necessary to access the Augmodo Technology and you acknowledge that obtaining the foregoing may involve third-party fees.

Passwords and Your Obligations

You may be asked to register as a member on certain pages or services within the Augmodo Technology. You agree to immediately notify Augmodo in writing of any breach of security, including, without limitation, unauthorized use of your username or password.

Security

The Augmodo Technology resides on the public internet. Augmodo uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Augmodo and stored on their servers.

Indemnification

You agree to indemnify, defend, and hold harmless Augmodo, its affiliates, agents, vendors, distributors, licensors, suppliers, successors and assignees and their officers, directors, and employees from any and all actions, suits, proceedings, charges, complaints, claims, demands, injunctions, judgments, orders, decrees, rulings, damages, and costs related to your use of the Augmodo Technology.

Content Disclaimer

The blog entries, user content and other editorial content displayed within the Augmodo Technology are provided “as is” with no warranties and confers no rights.

Termination

You agree that Augmodo, at its sole discretion, may terminate or suspend your access to and use of the Augmodo Technology at any time and for any reason.

Miscellaneous Provisions

You shall immediately notify Augmodo in writing if you know or have reason to believe that Augmodo has been or will be required to respond to any subpoena or legal process in connection with any proceeding involving you or any of your affiliates.

Links to Other Web Sites

The Augmodo Technology contains links to Third Party Sites. Augmodo is not responsible for the content or accuracy of those sites.

Revisions and Consents

Augmodo reserves the right to revise the terms and conditions of this Agreement and the Augmodo Services at any time without notice.

Forward-Looking Statements

The Augmodo Technology may make forward-looking statements concerning Augmodo’s future performance at any time.

Jurisdiction

This Agreement is executed in the State of Delaware and shall be governed by the laws of the State of Delaware.

Augmodo Intellectual Property Notice

Pursuant to the Digital Millennium Copyright Act, Augmodo has designated the person listed as its agent to receive notifications of alleged copyright or other intellectual property infringement related.

General Provisions

In the event any provision contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, such invalidity shall not affect any other provision. Augmodo’s failure to enforce strict performance of any provision shall not be construed as a waiver.

Print this Agreement

You acknowledge that you have read this Agreement and had an opportunity to consult with an attorney. For record keeping purposes, Augmodo encourages you to print this Agreement.

Updated: November 26, 2024