Terms
of Use for Consultant Assistant
THESE TERMS OF SERVICE AND END USER
LICENSE AGREEMENT (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND
ZHANG DAN (“ZHANG DAN”, “WE”, “OUR”, OR “US”) STATING THE TERMS AND CONDITIONS
THAT GOVERN YOUR USE OF THE MOBILE PROVIDED HEREWITH (THE “APPLICATION”).
PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING, INSTALLING AND/OR USING
THE APPLICATION, YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, DO NOT DOWNLOAD, INSTALL AND/OR USE THE APPLICATION. THESE TERMS
ONLY APPLY TO THE 'CONSULTANT ASSISTANT' APP.
We may at our sole and absolute
discretion change, add, modify, or delete portions of this Agreement from time
to time. It is your sole responsibility to review this Agreement for changes
prior to use of the Application, and in any event your continued use of the
Application following the posting of changes to this Agreement constitutes your
acceptance of any changes. You must be at least 13 years old to use the
Application. This is an agreement between you and us, and not with Apple,
Inc.(“Apple”) or Google, Inc. (“Google”). Neither Apple nor Google are
responsible for this Application or the contents thereof.
1. Limited License to the Application
Subject to the
terms and conditions of this Agreement, we grant you a personal, limited, non-
exclusive and non-transferable license to install and use the Application for
personal purposes on any iOS or Android based device (including, but not
limited to iPad, iPhone or iPod touch) that you own or control and as permitted
by the Usage Rules set forth in Apple’s App Store Terms of Service (the “Usage
Rules”) or Google's Play Store Terms of Service. This license does not allow
you to use the Application on any device that you do not own or control, and
you may not distribute or make the Application available over a network where
it could be used by multiple devices at the same time. This license does not
entitle you to receive from us hard-copy documentation, support, telephone
assistance, or enhancements or updates to the Application, and Apple and Google
have no obligation to furnish any maintenance and support services regarding
the Application. The terms of this license will govern any upgrades provided by
us that replace or supplement the original Application unless such upgrade is
accompanied by a separate license in which case the terms of that license will
govern.
2. License Restrictions
All rights not
expressly granted in Section 1 above are exclusively reserved to us. When using
the Application, you may not modify, adapt, copy, translate, create derivative
works from, publish, license, sell, or otherwise commercialize the Application,
Content, or any information or software associated with the Application. You
may not decompile, reverse-engineer, disassemble or otherwise attempt to derive
source code from the Application. You may not remove, obscure or alter our
copyright notice, trademarks or other proprietary rights notices affixed for
the investigation, defense, settlement, and discharge of any third party
intellectual property infringement claim. You may not rent, lease, sublicense,
or otherwise transfer rights to the Application. You may not use the Application
in any manner that could impair or interfere with the Application. You shall
not interfere or attempt to interfere with the operation of the Application in
any way through any means, software, routine or device including, but not
limited to, spamming, hacking, uploading computer viruses or time bombs, or the
means expressly prohibited by any provision of these terms and conditions of
use. You may not use any robot, spider, other automatic device, or manual
process to monitor or copy the Application or any content contained thereon or
for any other purpose without our prior express written permission. You must
use the Application in compliance with all applicable laws. You must comply
with applicable third-party terms of agreement when using this Application (e.g.,
your wireless data service agreement). Your right to use this Application will
terminate immediately if you violate any provision of this Agreement. Your
rights to use the Application are specified in this Agreement and all rights
not expressly granted herein are reserved to us.
3. Intellectual Property
All intellectual
property rights in and to the content, tools, text, logos, marks, data, design,
codes, layout, “look and feel”, and other content that is included on the
Application (“Content“) is owned by us. Your use of any of our trademarks
without prior written consent is strictly prohibited.
4. Third-Party Websites
You may be able
to link from the Application to third-party websites that take you outside of
the Application (“Linked Sites”). We have no responsibility for the
information, content, products, services, advertising, code or other material,
which may be provided through the Linked Sites, so please use common sense as
you navigate the Web and be aware when you leave the Application.
5. Change or Update to Application;
Termination
We shall have
the right for any reason, in its sole discretion, to terminate, change, suspend
or discontinue, temporarily or permanently, any aspect of the Application,
including but not limited to content or features, without notice to you. We may
also impose limits on certain features and services or restrict your access to
parts or all of the Application with or without notice or liability. From time
to time, we may make available updates or upgrades to the Application via
software download or other means. Such download may occur automatically without
the need for an act on your part, or it may require you to manually down an
update or upgrade through the same source from which the Application was
originally downloaded. Certain functions of the Application may be modified or
discontinued as a result of any such update or upgrade, or may not be available
if you have not downloaded all updates and upgrades made available by us or
otherwise.
The Application
may contain information about us or other products or services. That
information is accurate as of the date the Application is made available for
download to you. Such information about us or other products or services may be
updated from time to time, including without limitation, when the Application
may be updated or upgraded. You should periodically check whether an updated or
upgraded version of the Application is available for download.
You agree that
we may terminate your use of this Application, and/or exercise any other remedy
available to it, if we reasonably believe that you have violated or acted
inconsistently with the letter or spirit of this Agreement, or violated the
rights of us or any third party, or for any reason with or without notice to
you. You agree that we will not be held liable to you or any third party as a
result thereof.
6. Indemnity
You will
indemnify and hold harmless us, our subsidiaries, parents, affiliates,
officers, directors, shareholders, legal representatives, agents, and other
partners and employees from loss, liability, costs, damages or expenses from
any and all claims, actions and suits, whether groundless or otherwise, and
from and against any and all claims, liabilities, judgments, losses, damages,
costs, charges, attorney’s fees, and other expenses of every nature and
character by reason of (i) your use of the Application; (ii) your breach of
this Agreement and/or any breach of your representations and warranties set
forth in this Agreement; and (iii) any acts or omissions by you or on your
behalf with respect to any Content posted through the Application by you and/or
any third party (including but not limited to on the Claw pages).
7. Disclaimers
THE APPLICATION
AND ALL CONTENT, MATERIALS AND PRODUCTS MADE AVAILABLE THROUGH IT, ARE PROVIDED
ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS,
IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR
TRADE CUSTOM OR USAGE. IN ADDITION, WE DISCLAIM (A) ANY ENDORSEMENT OF OR
LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR
TIMELINESS OF THE CONTENT; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF
DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR
INABILITY TO USE THE APPLICATION OR CIRCUMSTANCES OVER WHICH RIPL HAS NO
CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE APPLICATION MAY
INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF THE APPLICATION OR USE OF ANY INFORMATION OR CONTENT
ACCESSED THROUGH THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM RIPL THROUGH THE APPLICATION CREATES ANY
WARRANTY, REPRESENTATION OR GUARANTEE.
WE DO NOT
WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE APPLICATION
WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. If your use of this Application results in the need
for servicing or replacing property, material, equipment or data, we are not
responsible for those costs.
WE DO NOT
WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE APPLICATION
WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. If your use of this Application results in the need
for servicing or replacing property, material, equipment or data, we are not
responsible for those costs.
WE ARE NOT
RESPONSIBLE FOR CONTENT POSTED BY ANY THIRD PARTY VIA THE APPLICATION, AND ANY CONTENT
THAT IS LINKED TO FROM THE APPLICATION.
THE APPLICATION
AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND
INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE APPLICATION, IS PROVIDED
ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IF YOU ARE
DISSATISFIED WITH THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE APPLICATION.
Your
downloading, installation and use of the Application is at your own discretion
and risk, and you are solely responsible for any damages to your hardware
device(s) or loss of data that results from the downloading, installation or
use of the Application.
8. Disclaimer of Apple’s Liability; Third
Party Beneficiary Rights
Neither Apple
nor Google will be responsible for any claims by you or any third party
relating to your possession and/or use of the Application, including but not
limited to (i) product-liability claims, (ii) any claims that the Application
fails to conform to any applicable legal or regulatory requirement, (iii)
claims arising under consumer-protection laws or similar legislation, and (iv)
claims by any third party that the Application or your possession and use of
the Application infringes the intellectual property rights of the third party.
You agree that Apple, Google, and their respective subsidiaries are third-party
beneficiaries of this Agreement, and that upon your acceptance of the terms and
conditions of this Agreement, Apple and/or Google will have the right (and will
be deemed to have accepted the right) to enforce this Agreement against you as
a third party beneficiary thereof.
9. Limitation of Liability; Exclusion of
Damages
WE WILL NOT BE
RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS
AGREEMENT, ANY VIRUSES AFFECTING THE APPLICATION, THE USE OR INABILITY TO USE
THIS APPLICATION THE RESULTS GENERATED FROM THE USE OF THIS APPLICATION LOSS OF
GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY
OTHER CAUSE WHATSOEVER.
We are not
liable for any lost data resulting from use of the Application and/or the
enforcement of this Agreement. We disclaim any and all liability for the acts,
omissions and conduct of any users on the Application or otherwise related to
your use of the Application. We are not responsible for the products, services,
actions or failure to act of any other third party in connection with the
Application.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO RIPL IN THE SIX (6) MONTHS
PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.
10. Copyright Policy
None of the
Content may be downloaded, distributed, reproduced, republished, posted,
transmitted or copied in any form or by any means, without the prior written
permission of us, which permission may be withheld in our sole and absolute
discretion.
11. Wireless Access Charges.
Certain
Application functions may require data access, and the provider of data access
for your device may charge you data access fees in connection with your use of
the Application. You are solely responsible for any data access or other
charges you incur.
12. Uninstalling the Application.
Uninstallation
methods may vary depending on your device. To uninstall this Application,
please use the application manager provided with your device or consult your
device manual for reference.
13. Privacy Compliance
We regularly
review our compliance with our Privacy Policy. When we receive formal written
complaints, we will contact the person who made the complaint to follow up. We
work with the appropriate regulatory authorities, including local data
protection authorities, to resolve any complaints regarding the transfer of
personal data that we cannot resolve with our users directly.
© 2017 zhang dan. All Rights Reserved.