TERMS AND CONDITIONS
using the Card Guru Application. I agree to the following terms and conditions:
1. Card Guru, LLC, a Colorado limited liability company (“Card Guru”), is the soleowner of the Card Guru Application. I agree that I am being given a restrictedand conditional non-exclusive license (“License”) to use the Card Guru Application.
2. I warrant and represent that I am eighteen (18) years of age or older, and have the full capacity to be contractually bound by these Terms and Conditions.
3. The non-exclusive License granted hereunder to me is non-transferable, not assignable in whole or in part, and may be revoked, limited, terminated, and reinstated solely at Card Guru’s discretion without any recourse by me whatsoever.
4. By my use of this non-exclusive License, there is no legal or equitable title interest in the Card Guru Application transferred to me or to any other third party for any reason whatsoever.
5. Card Guru disclaims any and all express and implied warranties of any nature whatsoever, including, but not limited to, warranties of fitness for particular purpose, any express or implied warranty of functionality of the Card Guru Application, and all other express and implied at law warranties.
6. I agree that I will not either directly or indirectly, use, submit, or cause the Card Guru Application to be reverse engineered, copied, or in any way duplicated by myself, any third party on my behalf or at my direction or control, or by my request.
7. I understand and agree that Card Guru has a common law copyright on the code, data, metadata, and processes of and contained in the Card Guru Application, and that any copyright infringement by me or anyone on my behalf of the Card Guru Application shall be enforceable the same as if the Card Guru Application has a statutory copyright through the Library of Congress of the United States of America. Tit. 17 U.S.C. §101, et. seq. I agreethat the Card Guru Application is protected by Tut. 35 U.S.C §101, et. seq., and in particular, §102.
8. Upon expiration of the paid terms to which I agree for non-exclusive use of the Card Guru Application, my non-exclusive License shall automatically expire, be revoked, and all rights therein retained and returned to Card Guru.My non-exclusive license shall not be renewed, except on terms determined solely by Card Guru.
9. Privacy- I agree that Card Guru may use, market, sell, transfer, or otherwise convey, in whole or in part, any and all of my personal data to which Card Guru has access by my use of the Card Guru Application on any and all electronic devices of mine during and after expiration of the License. In particular, I give permission to Card Guru to access and use at Card Guru’s sole discretion all such information that may otherwise be protected under Tit. 34 U.S.C. §10231, as amended, and other applicable provisions of United States federal law without recourse by me. All data and metadata associatedwith and derived by the use of the Card Guru Application is stored and is subject to the provisions of the Electronic Communications Privacy Act of 1986, as amended from time to time. Tit. 18 U.S.C. § 2701 – 2711, as amended.
10. By my use of the non-exclusive License granted by Card Guru, I agree to waive any and all rights, remedies, causes of action I have or may have against Card Guru as to the non-exclusive License and my use of the non-exclusive License. Further, if a court of competent jurisdiction should find this waiver unenforceable in whole or in part, then I agree that the maximum damages I may recover from Card Guru in any cause of action asserted against Card Guru shall be solely limited to the amount of the License fee I paid Card Guru for the non-exclusive License.
11. I agree that I will use the non-exclusive License only for lawful purposes and not for any illegal or unlawful purposes, and in full compliance with all applicable United States federal laws, and all applicable State laws, if any.
12. In the event of any case or controversy, or any action arising out of or in connection with the non-exclusive License granted herein, I agree that the sole and exclusive venue and jurisdiction for such actions shall be solely in the Colorado state or Colorado federal courts. I further waive any defense of forum non conveniens and all other jurisdictional defenses and defects, if any. The Federal Arbitration Act shall not be applied to any case or controversy or any action arising out of or associated with my non-exclusive License.
13. I agree that if I am found to have violated these Terms and Conditions, in whole or in any part, then I shall be liable for all damages, loss of use damages, special damages, economic damages, attorney’s fees, costs, and interest at the rate of eighteen per cent (18%) per annum to Card Guru.
14. Card Guru reserves all federal and international patents, patents pending, Service Marks, Trademarks, common law and statutory, as to the Card Guru Application.