ETHIQ BETA TEST PARTICIPATION TERMS OF SERVICE
EFFECTIVE DATE: March 2, 2018
Through this Website, and any downloadable Application, and related Social Media accounts, Ethiq, Inc. (“Ethiq,” “We,” “Us,” “Our”) are currently in the beta-testing stage in development Services that comprise, generally, aggregating factual data about political contributions made by businesses, as well as available statements and votes made by politicians, media personalities and candidates for office, so that that You and other consumers may easily factor such political engagement into Your own purchasing and voting decisions.
In advance of releasing Our Services to the general Public, we are offering You, a “Tester”, access to materials, including software and other information related to the Services, to use for the purpose of providing Us with feedback on the quality and usability of such materials, so that such Services may be prepared for use by Our intended audience in the future.
Please read this Agreement carefully before participating in our Beta Test.
By CONSENTING TO BE A TESTER, DISCLOSING Your PERSONAL INFORMATION, INCLUDING GEOGRAPHIC INFORMATION AND VIEWING PREFERENCES, creating an account to access Our Service, logging into, using, AND/or downloading any materials PROVIDED BY US, and clicking “SIGN UP” You acknowledge that You:
A. have read these Terms,
B. understand these Terms, and
C. accept and agree to be bound by them.
To be a Tester and to use Our Services, You must be at least 18 years old and either
· a citizen of the United States currently residing in the United States, or
· a current legal resident of the United States currently residing in the United States.
You agree that you are accessing the Services on Our Website and/or Application for personal and non-commercial purposes.
If you do not agree with the terms of this Agreement, are under 18 years old, or are not a residing citizen or legal resident of the United States, please do not use the Services or Our Website. If at any time you are not willing to be bound by the terms of this Agreement, You should:
A. click the “I do not accept” or similar button,
B. terminate any download and/or installation process, and
C. immediately cease and refrain from accessing or using the Services.
1. LIMITED LICENSE TO USE SERVICES
Ethiq hereby grants you a personal, limited license to use its Services, including any related Application software as may be made available to you over the course of this Agreement, solely for testing and evaluation purposes, subject to Your compliance with the terms of this Agreement.
This license does not grant You the right to use Our Services, including Application software, for any other purpose, or to disclose, reproduce, distribute, modify, or create derivative works of the Services.
You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of any of Our Software, except where prohibited by applicable law. In accepting this Agreement, You certify that any materials associated with the Ethiq Services will only be used for testing and evaluation purposes in connection with the further development of the Services, and will not be rented, sold, leased, sublicensed, assigned, distributed, or otherwise transferred. We retain ownership of all materials related to the Ethiq Services, including content presented on Out Website and via our Application software.
Except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Ethiq intellectual property.
2. NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
You agree that the Services and any information concerning the Services (including its nature and existence, features, functionality, and screen shots) and any other information disclosed by Ethiq to You in connection with the beta-stage development of such Services will be considered Confidential Information. Information that otherwise would be deemed Confidential Information but
(a) is generally and legitimately available to the public through no fault or breach of Yours,
(b) is generally made available to the public by Ethiq,
(c) was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or
(d) any third-party software and/or documentation provided to You by Ethiq and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation will not be considered Confidential Information under this Agreement. All Confidential Information remains the sole property of Ethiq and You have no implied licenses or other rights in the Confidential Information not specified in this Agreement.
You agree that you will not disclose, publish, or otherwise disseminate any Confidential Information to anyone except as expressly permitted or agreed to in writing by Ethiq. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Confidential Information, including preventing unauthorized access to or display of Our Services to third parties. You agree to use the Confidential Information solely for the permitted uses as set forth in this Agreement. You agree not to use Confidential Information otherwise for your own or any third party’s benefit without the prior written approval of an authorized representative of Ethiq in each instance. You hereby acknowledge that unauthorized disclosure or use of Confidential Information could cause irreparable harm and significant injury to Ethiq that may be difficult to ascertain. Accordingly, you agree that Ethiq will have the right to seek immediate injunctive relief to enforce obligations under this Agreement in addition to any other rights and remedies it may have.
3. YOUR OBLIGATIONS AS A TESTER
We will provide you with a copy of or instructions to obtain access to the Services, including any downloadable Application software if applicable, and any documentation necessary to instruct You on how to use the Services as well as any testing data We may desire stemming from Your use.
We may request that You provide feedback to Us regarding the performance of Our Services in the form of questionnaire submissions, issue reports, and/or support information. We may request feedback from you through email, online questionnaires, bug forms, and other means.
By accepting this Agreement, You agree that We may contact You from time to time regarding our Services. You agree that We will be free to use any feedback You provide for any purpose.
In order to better facilitate Our Services, You may be directed to register or create a personally identifying account by providing or receiving personally identifying login credentials. Certain personally identifying information, such as email address, may be required.
You agree that You will not provide false information to Us in generating Your account. Specifically, You agree that You will not select or use the login credentials of another person with the intent to impersonate that person.
Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate suspense or termination of Your access to the Services including access to any Application software.
You are responsible for all usage or activity on Your account on this Website including use of the account by any third party authorized by You to use Your login credentials.
5. CONSENT TO USE INFORMATION
By accepting the terms of this Agreement, You agree that We may collect, use and disclose personally identifying information obtained as a result of Your use of these Services, for the following purposes:
(i) the creation of any personally identifying account,
(ii) the administration of Your account or related membership with Our organization,
(iii) providing You with access to beta test software and other materials,
(iv) receiving and responding to your feedback regarding the software and other materials that we provide to you,
(v) providing a better Website and Application,
(vi) improving our Services, and
(vii) communicating with You, Our Beta Testers, regarding Our products and services with third party products and services.
Additionally, when You communicate with Us or send Us information, You grant Us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such information, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and any of Our related Social Media.
6. DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY
Any Website functionality, Application software, or other materials provided as part of the Service may be designated as alpha, beta, development, pre-release, untested, or not fully tested versions. The Website and Application download, including any functionality thereof, may be incomplete and may contain errors or inaccuracies that could cause failures, corruption and/or loss of data or information. You expressly acknowledge and agree that, to the extent permitted by applicable law, all use of the Services is at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with You.
In no event will We be liable to You or any party related to You for any damage or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such ETHIQ IS PROVIDING THE SERVICES, INCLUDING ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, INCLUDING ANY FUNCTIONALITIES AND FEATURES ASSOCIATED WITH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You acknowledge that We have not publicly announced the availability of the Services to the general public, that We has not promised or guaranteed to You that such Services will be announced or made available to anyone in the future, and that We have no express or implied obligation to You to announce or introduce the Services or any similar or compatible product, or to continue to offer access to the Services in the future.
Any testimonials, reviews, or other user or tester opinions regarding this Service viewable on this Website or related Social Media are based on individual experiences using this Service. There is no guarantee that You will experience the same level of satisfaction.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.
Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
7. INTELLECTUAL PROPERTY STATEMENT
Ethiq® and the contents of the Services, including the Website, Application software and other materials made available to You via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by Ethiq, Inc., or the party credited as the provider of the materials. Other products and/or company names referenced or mentioned on the Website, Application software and other materials made available to You via related Social Media may be trademarks of their respective owners. We have no affiliation with these companies, and Our services are not endorsed by them. You agree to abide by all additional copyright notices, information, or restrictions contained in any materials accessed through the Services.
By accepting the terms of this Agreement, You further acknowledge and agree that We and Our third party licensors own and shall continue to own all right, title, and interest in and to the materials and other elements of Our Services, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.
Except for any limited, revocable license expressly granted to You herein, this Agreement does not grant You any ownership or other right or interest in or to the materials and/or other elements of the Services, or any other intellectual property rights of Ours, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that We use in connection with the Services are marks owned by Us. This Agreement does not grant You any right, license, or interest in such marks, and You shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except where expressly permitted for the storage of downloadable material), create new works from, distribute, perform, display, or in any way exploit, any of the content on Our Website, Application software or other material comprising Our Services (including software), in whole or in part.
We may elect to terminate this Agreement or an individual portion of the Services being developed and/or tested at any time and for any reason at Our discretion without notice to You or any liability for any reasons whatsoever, including without limitation, if You breach these Terms.
You may terminate this Agreement by returning or destroying any Confidential Information that is in your possession and control, including any Application software. In the event that You are unable to purge Application software and/or other materials related to the Services from Your computer and/or other electronic devices, You agree to hold such Application software and/or other materials as Confidential Information.
We reserve the right to modify, terminate, or otherwise amend Services available during this beta-testing stage of development. We may, in the future, offer new and/or different services and/or features through Our Website, Application software, and associated Social Media accounts. Such new features and/or services shall be subject to this Agreement.
Our failure to enforce any rights granted by this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
This Agreement is entered into in Los Angeles County, California. You agree and consent to the exclusive jurisdiction and venue of the state of California and county of Los Angeles for any dispute arising from or related to this Agreement.
This Agreement in all respects shall be governed by and construed according to the laws of the State of California. The venue for any dispute shall be in the County of Los Angeles.
Should any term or terms in this Agreement be declared void or unenforceable, such term or terms shall be severed from this Agreement, and such declaration shall have no effect on the enforceability of any remaining terms.
Correspondence regarding these Terms should be sent to firstname.lastname@example.org.