The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal and binding agreement between you (The “Customer”) and Everyday Experiences Ltd (together with its successors and assigns, the “Company”) AND between the “Company” and staff of the hospitality industry (the Serving Staff”) AND between the Company and hospitality business (the “Venues”). In order to use the Service (defined below) and the associated “Platform” (defined below) you must agree to these terms and conditions. By using or receiving any services supplied to you by the Company (collectively, the “Service”), and downloading, installing or using any associated application supplied by the Company, the purpose of which is to enable you to use the Service (collectively, the “Platform”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time.

The Company reserves the right to modify this Agreement or its policies relating to the Service or Platform at any time, effective upon posting of an updated version of this Agreement on the Service or Platform. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Platform after any such changes shall constitute your consent to such changes.

The Company provides the technology for a consumer to provide tips to service providers, independent of the normal custom of handing a service provider cash or adding a tip to a bill. The Platform is also designed to be used from a remote location and at a distinct time from where and when a service was provided. PLEASE NOTE THAT THE COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED BY THE SERVICE PROVIDERS, TIPS, RATINGS OR MESSAGES PROVIDED TO YOU BY OTHER USERS OF OUR SERVICES.

Representations and Warranties

By using the Application or Service, you expressly represent and warrant that you have the right, authority and capacity to enter into this Agreement, and agree to abide by the terms and conditions of this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Application and Service. Without limiting the foregoing, the Service and Application is not available to children (persons under the age of 18). By using the Application or Service, you represent and warrant that you are at least 18 years old. Your use of the Service and/or Application is solely for your personal use. You may not authorise others to use your user credentials, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Application or Service you agree to comply with all applicable laws.

You may only access the Service using authorised means. It is your responsibility to ensure you download the correct version of the Application for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset. The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorised device.

By using the Application or the Service, you agree that:

You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.

You will not use the Service or Application to cause nuisance, annoyance or inconvenience.

You will not impair the proper operation of the network.

You will not try to harm the Service or Application in any way whatsoever.

You will not copy, or distribute the Application or Collective Content without written permission from the Company.

You will only use the Application and Service for your own personal use and will not resell or transfer either to a third party.

You will keep secure and confidential your user credentials, including any account password or any identification we provide you which allows access to the Service.

You will provide us with whatever proof of identity we may reasonably request.

You will only use an access point, Wi-Fi, Internet or 3G/4G/LTE/5G data account (AP) that you are authorised to use.

You are aware that when requesting services by SMS, standard-messaging charges may apply.

When you (“The User”), registers to use our Services by establishing an account, we will collect “Personal Data” as necessary to offer and fulfil the services requested. The user also agrees to provide the necessary personal data to be able to use Everyday Experience Ltd or served.me and / or to identify payor(s) and payee(s) as needed / requested by the company in compliance with our rules, regulations and the law. “Personal Data” can include name, postal address (including billing, residential, work and / or shipping addresses), telephone number, email address, payment card number, pictures of bills, ID and cards, other financial account information, account number, date of birth, utility bills, bank statement, card statement and government-issued credentials (e.g. driver’s license number, national ID, passport, NI number and Taxpayer ID). The user understands potential risks of sharing and agrees to share. Sharing is not obligatory and only voluntary. In case of further information needed to approve an account or transaction, the user understands that information might be needed and that otherwise, account or transactions will be cancelled. By not sharing, the user authorises The Company to cancel a transaction(s) and the account. Personal Data does not include information that does not identify a specific User.

Additional terms of service for the Customer, Serving Staff and Operators.

The Customer agrees to use the Platform (operated by Everyday Experiences Ltd.) to rate the service provided by staff of any hospitality industry.

The Customer agrees to use the Platform to tip the serving staff if desired.

The Company will process the tips and will ensure that serving staff gets the tips in their nominated account within 30 days.

The Company will not be liable if the delay in processing is caused by the staff bank or payment gateway that is used by the Company to process payments.

The Company will charge a service fee of 5% plus payment gateway charges (circa 1.4% + 20p) on any tips.

By using the platform, the Customer gives his or her consent to the Company to use the data, which may be transferred to 3^rd parties.

By using the platform, the Customer gives consent to the Company to use any data collected.

By using the platform, the Customer gives consent to the Company to display any advertisement that the Company believes that will be relevant to customer.

By using the platform, the Company will not be liable for any data charges incurred by the Customer via their respective network provider.

The Company will not be liable for any data or malware attack as a result of using the platform.

You provide consent to the Company to remove you from using the Platform if the Company believes the platform is not working as desired for the Customer.

You provide consent to be part of the Company application community where relevant features will be updated from time to time.

By using the platform, you give consent that any feature of the Platform can be removed or additional features added from time to time as directed by the Company.

By using the Platform, the Serving Staff give consent to the Company to collect tips from Customer on their behalf.

By using the Platform, Serving Staff give consent that the Company will take up to 30 days to process the tips and will pay the same deducting any relevant Company service charges and processing charges from Stripe.

By using the Platform, the Serving Staff gives consent to the Company to use data for developing the app or transferring the data to 3^rd parties, which can be used for advertisement purposes.

By using the Platform, the Serving staff gives consent that any ratings will be shared with the Operator.

By using the Platform, the Serving Staff gives consent that the ratings and tips data might be used to create dashboards.

By using the Platform, Serving staff agrees that they own the accountability to file their tax returns with regards to any tips obtained through this Platform.

The Company will not be liable for any data or Internet usage charges incurred by serving staff for using the Platform.

The Company will not be liable for any data or malware attack as a result of using the Platform.

The Serving Staff provide consent to the Company to restrict use of the platform if it is working as desired.

The Serving Staff provide consent to be part of the Platform application community where relevant features will be updated from time to time.

By using the Platform, the Serving Staff give consent that any feature of the application can be removed or additional features added from time to time as directed by the Company.

The Company will not be liable for any charges or cases imposed by Serving Staff or Customers.

By using the Platform, you give consent to the Company to use data including passing data to relevant 3^rd parties.

By using the Platform, you give consent to the Company to display advertisements that the Company believes to be relevant to the Customer.

The Company will not be liable for any issues related to data captured from Customers or Serving Staff.

The Operator provides consent to the Company to remove the Operator from using the platform if the Company believes the application is not working as desired for the Customer.

The Company will not be liable for any loss of revenue at the Operator.

You provide consent to the Company to onboard Serving Staff at the Operator and to be able to contact them so that they can better use the platform.

You provide consent to be part of the Company application community where relevant features will be updated from time to time.

The Operator provides consent to get alerts for any relevant rating feedback.

The Company will not be liable for any bad rating given by the Customer and any consequence of the bad rating thereof.

The Company will not be liable for any damage done by the Serving Staff or the Customer either at the Operator premises or outside.

The Company will not be liable for any bad publicity from the Serving Staff or Customers.

By using the Platform, the Operator gives consent for the Company to analyse any data that gets captured from the Customers or Serving Staff.

By using the Platform, you give consent that any feature of the application can be removed or additional features added from time to time as directed by the Company.

License Grant, Restrictions and Copyright

Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-transferable license to (i) download and install a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application and (ii) access the Service, in each case, solely for your own personal use. 

In connection with the foregoing grants, you agree that you shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet “links” to the Service or “frame” or “mirror” the Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application for any unauthorized purpose, including in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Service or Application. 

You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children, or violate of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks. 

Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to the Service, the Application or any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application. 

Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service?http://www.apple.com/legal/internet-services/itunes/appstore/jm/terms.html#SERVICE. Company reserves all rights in and to the Application not expressly granted to you under this Agreement. 

The following terms applies to any App Store Sourced Application: 

• You acknowledge and agree that (i) this Agreement is concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. 
• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. 
• In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company. 
• You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 
• You and Company acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. 
• You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof. 
• Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application. 

SMS & in-app messaging: 

If you select this feature and have in-app messaging or SMS service from one of the supported Carriers, data rates may apply. 

Company and User Content 

Defined Content-related Terms: 

“Content”?means all text, graphics, images, music, software (excluding the Application), audio, video, information layout, design, images, programs or other materials. 

“Company Content”?means Content that Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content. 

“User”?means a person who accesses or uses the Platform or Service, including you. 

“User Content”?means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application. 

“Collective Content”?means, collectively, Company Content and User Content. 

License Granted by Company: 

Subject to your compliance with the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Company Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. 

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement. 

License Granted by User: 

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. Company does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content; provided, that, by making available any User Content on or through the Service or Application, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content through any lawful means. 

You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to Company the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

Copyright: 

Company respects all applicable copyright law and expects its Users to do the same. It is Company’s policy to terminate access and use of the Service and the Application in appropriate circumstances in which Users repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.?All Company Content is the property of Company and its affiliated companies or licensors and is protected by copyright and other intellectual property laws. 

Payment Terms: 

Any fees that the Company may charge you for the Platform or Service are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, or our decision to terminate your usage, of the Platform or Service; any disruption to our Platform or Service, either planned, accidental or intentional; or any other reason whatsoever. The Company may change the fees for our Platform or Service, as we deem necessary for our business. It is your obligation to check back at our website periodically to confirm the applicable fees for the Platform or Service. 

Certain business categories: 

You may not use the Company platform or service in connection with any product, service, transaction or activity that involves: 

• Money laundering, transmission or money service businesses; 
• Pay friends or family; 
• Age restricted products or services; 
• Use of pre-paid cards, for payments or deposits, check cashing, wire transfers or money orders; 
• Bidding fee auctions and collection agencies, currency exchanges or dealers; 
• Counterfeit goods or any product or service that infringes upon the copyright, trademark or trade secrets of any third party; 
• Gambling (including but not limited to lotteries, internet gaming, contests, sweepstakes, or offering of prizes as an inducement to purchase goods or services) (exceptions apply in some countries and if you get our prior written approval) or “get rich quick” schemes; 
•  Drug paraphernalia, marijuana dispensaries, pseudo pharmaceuticals, substances designed to mimic illegal drugs and related businesses; 
•  Online or other non-face-to-face pharmacies or pharmacy referral services; 
•  Online or other non-face-to-face tobacco or e-cigarette sales; 
•  Use of prepaid phone cards, phone services or cell phones (“burners”) or “jail broken” phones; 
•  Products or services that promote hate, bullying, violence, harassment or abuse; 
•  Sexually-oriented or pornographic products or services; 
•  Sharing cardholder’s data with another customer or merchant; 
•  Sports forecasting or odds making; 
•  Virtual currency or credits that can be monetised, re-sold or converted to physical or digital goods or services or otherwise exit the virtual world. 

Intellectual Property Ownership: 

As between the User and the Company, the Company (and/or its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Platform or Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by any User or any other party relating to the Platform or Service. The rights granted under this Agreement are not a sale and Company does not convey to User any rights of ownership in, or related to, the Platform or Service, or any intellectual property rights owned by the Company. The Company name and logo, and the product names associated with the Platform and Service, are trademarks of the Company or third parties, and no right or license is granted to use them. 

Third Party Interactions: 

During use of the Platform or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Platform or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Platform or Service, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Platform and Service to you solely pursuant to the terms and conditions of this Agreement. You recognise, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of, or access to, such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers. 

The Company may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidise the Platform or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service. 

User Generated Content (messaging, emails and social media postings): 

• By posting User Content through the Service, you agree to allow anyone with access to the Service to access the User Content you post. You agree that any discussion you initiate or participate in, or User Content you post will be related to the service and/or service providers participating in the Service or such other matters as are related to Service. 
• You agree not to post or transmit material that is confidential to you or a third party. Further, you agree that you will not post or transmit material that is proprietary to a third party unless you have obtained consent from such third party. 
• You agree to respect copyright, fair use, and financial disclosure laws. You agree not to post images unless you own the exclusive rights to display the imagery in this context. By posting images that depict a person or persons, you represent and warrant that you obtained consent from and verified the legal age of each person depicted in the image for the distribution, display and usage of the image in the general public. 
• You agree to use common courtesy when posting content, and to refrain from abusive, obscene, or offensive language, images, or links. Remember that you are providing content for a multicultural audience —- things that do not seem abusive, obscene, or offensive to you might seem so to others. 
• Company shall have no obligation to compensate you for any feedback or other User Content. 
• Company reserves the right, but does not have the obligation, to monitor the Service. Company is not responsible for what anyone posts on the Service, and postings do not necessarily represent the opinions or positions of Company. 

• Use of the Service for illegal purposes or to publish any content that is unlawful, defamatory, and fraudulent or related to gambling, or that advocates intolerance of others. 
• Use of the Service to misappropriate the identity of another person or post other people’s personally identifying or confidential information, including but not limited to, credit card numbers, Social Security Numbers, and driver’s license numbers. Users may not post information such as other people’s passwords, usernames, phone numbers, addresses and e-mail addresses unless already publicly accessible. 
• Use of the Service to post hate speech and other objectionable content. Company reserves the right to warn others of the potentially offensive content through the use of a warning page. Service also reserves the right to remove content or disable links to host sites that exist for the primary purpose of garnering commercial traffic through pornography. 

Company is not responsible for the content or the accuracy of any posted user content. Customers or users shall remain solely responsible for the content they post. User content does not represent the views and or opinions of the Company and the Company neither guarantee that content is correct or accurate not endorses any user content. Company is not in a position to determine whether any content violates these terms of use at the time it is posted. However, if we have reason to believe that any content is false, defamatory, unlawful, inconsistent with this Agreement, or improper for any other reason, we reserve the right to remove that content from the Service. 

• You acknowledge that your profile, which includes your name, display name and language preference plus any other information you elect to make public, together with your activity, such as your software downloads, forum posts, and blog comments, will be publicly accessible. 
• You agree to show proper consideration for other Users’ privacy, including not referencing another User without his or her permission. 

• User agrees not allow anyone else to have or use your password details and to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, Everyday Experiences Ltd will not be liable to you for losses or damages; 
• User agrees to keep all personal details up to date. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us; and 

You may report any suspected violations of these terms including, copyright infringement, abusive language or inappropriate discussion. To report such violations to Company, you will need to submit a notice to Company’s email address mentioned in the website.

You, as a User of the Service acknowledge and agree that (i) any User Content will, upon creation and posting, become the sole and exclusive property of Company and (ii) you will not retain any rights in or to the User Content, including any ideas, concepts contained, implied or expressed in the User Content. Further,?Company is and shall be, upon creation and posting, the sole and exclusive owner of all right, title and interest throughout the world in and to all User Content,?free from all liens and encumbrances,?including, all intellectual property rights.?Therefore, Company may use such User Content with no limits as regards time, place, manner and format, including by means of its reproduction, distribution, modification and transformation, including creating derivative works. 

Indemnification 

By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of services arranged via the Service or Application, or (c) your use or misuse of the Application or Service. 

Privacy: 

The Company’s practices with respect to the collection and use of data and information is governed by Everyday Experiences Ltd privacy policy

Personal Data

User agrees with The Company to retain personal data to fulfill any legal and regulatory obligations and for business purposes, even after, and if the user account is closed or cancelled. User agrees the personal data and transactional data cannot be deleted for potential legal and/or regulatory obligations. The Company may retain personal data for longer periods than required by law if it is in The Company's legitimate business interests and not prohibited by law. If the user account is closed, we may take steps to mask personal data and other information, but we reserve our ability to retain and access the data for so long as required to comply with applicable laws. We will continue to use and disclose such personal data in accordance with this Privacy Policy. 

Disclaimer of Warranties 

THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

Internet Delays 

USE OF THE SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 

Limitation of Liability

IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL (INCLUDING WITH RESPECT TO PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE FOREGOING LIMITATIONS FORM AN ESSENTIAL BASIS FOR THIS AGREEMENT AND SHALL SURVIVE REGARDLESS OF THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE. THE AGGREGATE LIABILITY OF COMPANY AND ITS LICENSORS, AFFILIATES, OFFICERS, DIRECTORS AND AGENTS UNDER, OR IN CONNECTION WITH, THIS AGREEMENT, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, STRICT LIABILITY, NEGLIGENCE AND/OR OTHER TORT, SHALL IN NO EVENT EXCEED THE LESSER OF THE FEES PAYABLE UNDER THIS AGREEMENT DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE APPLICABLE CAUSE OF ACTION AND ONE HUNDRED DOLLARS ($100). 

THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

THE QUALITY OF THE SERVICES PROVIDED THROUGH THE USE OF THE SERVICE OR APPLICATION IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE APPLICATION AND THE SERVICE, YOU MAY BE EXPOSED TO ACTIVITIES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APPLICATION AND THE SERVICE AT YOUR OWN RISK.