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.