Terms and conditions
These terms and conditions ("Terms",
"Agreement") are an agreement between Homer Drive, LLC ("Homer
Drive, LLC", "us", "we" or "our") and you
("User", "you" or "your"). This Agreement sets
forth the general terms and conditions of your use of the The
Cheers App mobile application and any of its products or services
(collectively, "Mobile Application" or "Services").
Age requirement
You must be at least 18 years of age to use this Mobile
Application. By using this Mobile Application and by agreeing to this Agreement
you warrant and represent that you are at least 18 years of age.
Adult content
Please be aware that there may be certain adult or mature
content available in the Mobile Application. Where there is mature or adult
content, individuals who are less than 18 years of age or are not permitted to
access such content under the laws of any applicable jurisdiction may not
access such content. If we learn that anyone under the age of 18 seeks to
conduct a transaction through the Services, we will require verified parental
consent, in accordance with the Children's Online Privacy Protection Act of
1998 ("COPPA"). Certain areas of the Mobile Application may not be
available to children under 18 under any circumstances.
Billing and payments
You shall pay all fees or charges to your account in accordance
with the fees, charges, and billing terms in effect at the time a fee or charge
is due and payable. Where Services are offered on a free trial basis, payment
may be required after the free trial period ends, and not when you enter your
billing details (which may be required prior to the commencement of the free
trial period). Sensitive and private data exchange happens over a SSL secured
communication channel and is encrypted and protected with digital signatures, and
our Mobile Application is also in compliance with PCI vulnerability standards
in order to create as secure of an environment as possible for Users. Scans for
malware are performed on a regular basis for additional security and
protection. If, in our judgment, your purchase constitutes a high-risk
transaction, we will require you to provide us with a copy of your valid
government-issued photo identification, and possibly a copy of a recent bank
statement for the credit or debit card used for the purchase. We reserve the
right to change products and product pricing at any time. We also reserve the
right to refuse any order you place with us. We may, in our sole discretion,
limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing and/or
shipping address. In the event that we make a change to or cancel an order, we
may attempt to notify you by contacting the e-mail and/or billing address/phone
number provided at the time the order was made.
Accuracy of information
Occasionally there may be information in the Mobile Application
that contains typographical errors, inaccuracies or omissions that may relate
to product descriptions, pricing, availability, promotions and offers. We
reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information in the Mobile
Application or on any related Service is inaccurate at any time without prior
notice (including after you have submitted your order). We undertake no
obligation to update, amend or clarify information in the Mobile Application
including, without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Mobile Application should be
taken to indicate that all information in the Mobile Application or on any
related Service has been modified or updated.
Advertisements
During use of the Mobile Application, you may enter into
correspondence with or participate in promotions of advertisers or sponsors
showing their goods or services through the Mobile Application. Any such
activity, and any terms, conditions, warranties or representations associated
with such activity, is solely between you and the applicable third-party. We
shall have no liability, obligation or responsibility for any such
correspondence, purchase or promotion between you and any such third-party.
Links to other mobile applications
Although this Mobile Application may link to other mobile
applications, we are not, directly or indirectly, implying any approval,
association, sponsorship, endorsement, or affiliation with any linked mobile
application, unless specifically stated herein. Some of the links in the Mobile
Application may be "affiliate links". This means if you click on the
link and purchase an item, Homer Drive, LLC will receive an affiliate
commission. We are not responsible for examining or evaluating, and we do not
warrant the offerings of, any businesses or individuals or the content of their
mobile applications. We do not assume any responsibility or liability for the
actions, products, services, and content of any other third-parties. You should
carefully review the legal statements and other conditions of use of any mobile
application which you access through a link from this Mobile Application. Your
linking to any other off-site mobile applications is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you
are prohibited from using the Mobile Application or its Content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related mobile application, other mobile
applications, or the Internet; (h) to collect or track the personal information
of others; (i) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to
interfere with or circumvent the security features of the Service or any
related mobile application, other mobile applications, or the Internet. We
reserve the right to terminate your use of the Service or any related mobile
application for violating any of the prohibited uses.
Intellectual property rights
This Agreement does not transfer to you any intellectual
property owned by Homer Drive, LLC or third-parties, and all rights, titles, and
interests in and to such property will remain (as between the parties) solely
with Homer Drive, LLC. All trademarks, service marks, graphics and logos used
in connection with our Mobile Application or Services, are trademarks or
registered trademarks of Homer Drive, LLC or Homer Drive, LLC licensors. Other
trademarks, service marks, graphics and logos used in connection with our
Mobile Application or Services may be the trademarks of other third-parties.
Your use of our Mobile Application and Services grants you no right or license
to reproduce or otherwise use any Homer Drive, LLC or third-party trademarks.
Disclaimer of warranty
You agree that your use of our Mobile Application or Services is
solely at your own risk. You agree that such Service is provided on an "as
is" and "as available" basis. We expressly disclaim all
warranties of any kind, whether express or implied, including but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service will be uninterrupted, timely, secure, or
error-free; nor do we make any warranty as to the results that may be obtained
from the use of the Service or as to the accuracy or reliability of any
information obtained through the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or data downloaded or
otherwise obtained through the use of Service is done at your own discretion and
risk and that you will be solely responsible for any damage to your computer
system or loss of data that results from the download of such material and/or
data. We make no warranty regarding any goods or services purchased or obtained
through the Service or any transactions entered into through the Service. No
advice or information, whether oral or written, obtained by you from us or
through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event
will Homer Drive, LLC, its affiliates, officers, directors, employees, agents,
suppliers or licensors be liable to any person for (a): any indirect,
incidental, special, punitive, cover or consequential damages (including,
without limitation, damages for lost profits, revenue, sales, goodwill, use of
content, impact on business, business interruption, loss of anticipated
savings, loss of business opportunity) however caused, under any theory of liability,
including, without limitation, contract, tort, warranty, breach of statutory
duty, negligence or otherwise, even if Homer Drive, LLC has been advised as to
the possibility of such damages or could have foreseen such damages. To the
maximum extent permitted by applicable law, the aggregate liability of Homer
Drive, LLC and its affiliates, officers, employees, agents, suppliers and
licensors, relating to the services will be limited to an amount greater of one
dollar or any amounts actually paid in cash by you to Homer Drive, LLC for the
prior one month period prior to the first event or
occurrence giving rise to such liability. The limitations and exclusions also
apply if this remedy does not fully compensate you for any losses or fails of
its essential purpose.
Indemnification
You agree to indemnify and hold Homer Drive, LLC and its
affiliates, directors, officers, employees, and agents harmless from and
against any liabilities, losses, damages or costs, including reasonable
attorneys' fees, incurred in connection with or arising from any third-party
allegations, claims, actions, disputes, or demands asserted against any of them
as a result of or relating to your Content, your use of the Mobile Application
or Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be
exercised and shall be applicable and binding only to the extent that they do
not violate any applicable laws and are intended to be limited to the extent necessary
so that they will not render this Agreement illegal, invalid or unenforceable.
If any provision or portion of any provision of this Agreement shall be held to
be illegal, invalid or unenforceable by a court of competent jurisdiction, it
is the intention of the parties that the remaining provisions or portions
thereof shall constitute their agreement with respect to the subject matter
hereof, and all such remaining provisions or portions thereof shall remain in
full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement
and any disputes arising out of it shall be governed by the substantive and
procedural laws of Rhode Island, United States without regard to its rules on
conflicts or choice of law and, to the extent applicable, the laws of United
States. The exclusive jurisdiction and venue for actions related to the subject
matter hereof shall be the courts located in Rhode Island, United States, and
you hereby submit to the personal jurisdiction of such courts. You hereby waive
any right to a jury trial in any proceeding arising out of or related to this
Agreement. The United Nations Convention on Contracts for the International
Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or otherwise transfer or
delegate any of your rights or obligations hereunder, in whole or in part,
without our prior written consent, which consent shall be at our own sole
discretion and without obligation; any such assignment or transfer shall be
null and void. We are free to assign any of its rights or obligations
hereunder, in whole or in part, to any third-party as part of the sale of all
or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its policies
relating to the Mobile Application or Services at any time, effective upon
posting of an updated version of this Agreement in the Mobile Application. When
we do, we will revise the updated date at the bottom of this page. Continued
use of the Mobile Application after any such changes shall constitute your
consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to
all its terms and conditions. By using the Mobile Application or its Services
you agree to be bound by this Agreement. If you do not agree to abide by the
terms of this Agreement, you are not authorized to use or access the Mobile
Application and its Services.
Contacting us
If you would like to contact us to understand more about this
Agreement or wish to contact us concerning any matter relating to it, you may
send an email to info@thecheersapp.com
This document was last updated on April 26, 2020