PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Last Updated: Jul 2, 2018
The terms and conditions stated herein (collectively, the “Terms”) constitute a legal agreement between you and PurpleSlate LLC, a Colorado limited liability company (the “Company”). In these Terms, “PurpleSlate”, “we”, “us” or “our” means PurpleSlate, and/or “User”, “you” or “your” mean any user of the Services.
In order to use the Application and Services you must agree to the terms and conditions that are set out below. By downloading, installing or using the Application, you hereby expressly acknowledge and agree to be bound by the Terms, and any future amendments and additions to these Terms as published from time to time at https://www.mypurpleslate.com/blog/terms.
We reserve the right to modify the terms and conditions of these Terms or any other policy relating to the Services or Application at any time, effective upon posting of an updated version of these Terms on the Application and/or the Site. You are responsible for regularly reviewing these Terms. Continued use of the Application or Services after any such changes shall constitute your consent to such changes.
By accessing or using the Services or clicking “accept” or “agree” to these Terms, you acknowledge that you have read, understand and agree to be bound by these Terms. THESE TERMS CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
We reserve the right, at our sole discretion, to modify the Site, Application or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 13 or older. Any access to or use of the Site, Application or Services by anyone under 13 is expressly prohibited. You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one PurpleSlate account associated with your mobile phone number or email on a device.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
How the Site, Application and Services Work
Our Application enables sending event invitations from desktop and mobile devices. The Application offers features that allow you to, among other things:
When you invite your contacts to an event even if they have not downloaded and registered with the Application on their mobile device, then they will receive text message from us on your behalf with the your event information via a web link. They can simply open that link to RSVP to your event or reply by text. When you invite your friends through our Application to download the Application, you will be prompted to send text message to your friends at your discretion. You will only use the Services in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We cannot and will not be responsible for your using the Services in a way that breaks the law.
Our Application can be accessed via our website or mobile apps can be downloaded from Google Play and Apple App Store. You agree to comply with all third-party terms and conditions and other policies, if any, applicable to the use of our Application or Services. We shall not be responsible for the violation and infringement of any third-party terms and conditions and other policies in connection with your access, download or installment of our Application.
In order to access and use our Services, you acknowledge and agree to provide us accurate information, including your first name, last name, mobile phone number and/or email, all of which are required to sign up for the Services and will be used to create your basic profile in our Application. After signing up, you can also provide us your birth date and gender information via our mobile app if you like in your profile section. If you choose to provide us with this information, you help us to understand better our user demographics and in turn we can improve the quality and design of the Application and the Services and provide customized content and information. You will also be asked to create a password for your account. You expressly acknowledge and agree that, in order to provide the Services, we need to periodically access your contact list uploaded by you and/or address book on your mobile device to locate the mobile phone numbers of other Users (“in-network” numbers), or otherwise categorize other mobile phone numbers as “out-network” numbers. This will help you to easily find your contacts and friends who have downloaded the Application on their mobile devices, as well as identify those who you need to invite to download the Application.
You are solely responsible for any messages that you submit when using our Application. We reserve the right to decide whether User Content or a Status Submission is appropriate and complies with these Terms. We may remove, at any time and our sole discretion, any Status Submissions and/or terminate a User’s access for uploading any material in violation of these Terms. We may also terminate a User’s access to the Services for any or no reason, including if such User is determined to be a repeat infringer or annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Status Submission removed from the Services more than twice. An annoying User is anyone who is (capriciously or not) determined to be annoying by authorized PurpleSlate employees or agents.
You agree to notify us immediately of any breach of security or unauthorized use of your account or mobile phone. We shall not be liable for your losses caused by any unauthorized use of your account or mobile phone. You shall be liable for the losses of PurpleSlate or other third parties due to any such unauthorized use.
As part of the Services, you will be able to send short message service (“SMS”) or text messages (collectively referred to as “Messages”) to your friends or other contacts and people you know (“Recipients) through the Services. You must have permission from each Recipient before you send any Messages to such Recipient through the Services. If you do not have permission to send messages to a Recipient, you must not send any Messages through the Services to such Recipient.
The Telephone Consumer Protection Act (the “TCPA”) may apply to any Messages you send through the Services. You will be responsible for complying with the TCPA, all regulations promulgated under the TCPA, and with any applicable state laws, carrier guidelines and MMA guidelines. You may not use the Services to send Messages to telephone numbers that may not legally receive such Messages under the TCPA and/or applicable state law, and/or may violate the carrier guidelines and MMA guidelines.
Please ensure that you do not spam any subscriber. In the event you spam any subscriber, you will be liable under applicable laws. We hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from your sending messages to other subscribers, including but not limited to, any action or claim regarding spamming.
We control the Services from our facilities in the United States of America, and make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with applicable local law.
The Services are currently provided to you for free to an extent so you can try it and is chargeable thereafter. Our pricing plans are available on our website. Please visit https://mypurpleslate.com/pricing to see the most up-to-date pricing. We reserve the right to change our price structure in the future for continued use of the Application for administrative costs, maintenance of the Services and technical improvements for better User experience.
You may not access our Application without registering to create an account (“Account”). We will create your Account and your Account profile page for your use of the Application based upon the personal information you provide to us. You may not have more than one (1) active Account associated with a phone number verified on one mobile device or with an email. To clarify, that means you will have to re-verify if you use another mobile device to access your account. If you have a dual SIM mobile phone, please note that you still must choose one number to use for verification purposes. It is not possible to have a PurpleSlate account with two phone numbers on one mobile device. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Account and your access to the Application and Services if you create more than one (1) Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.
The features, information and materials provided and depicted through the Services and on the Application are protected by copyright, trademark and other intellectual property laws, and are the sole property of PurpleSlate, or have been licensed to PurpleSlate. All text, graphical content, data and other content made available through the Services (collectively, the “Company Content”) are provided to Users by PurpleSlate solely to support Users’ permitted use of the Services. The Company Content may be modified from time to time by PurpleSlate in its sole discretion and without notice. Except as expressly set forth herein, no license right or interest is granted to Users for any other purpose, and any other use of the Services or the Company Content by Users shall constitute a material breach of these Terms. We retain all rights in the Services and Company Content and any associated trademarks, copyrights, trade secrets or other intellectual property rights.
The Services are provided to you AS IS for your information and that PurpleSlate assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. We reserve all rights not expressly granted in and to the Services. You agree to not engage in the use, copy, or distribution of any of the Services other than expressly permitted herein, including any use, copy, or distribution of Status Submissions of third parties obtained through the Services for any commercial purposes.
Subject to your compliance with these Terms, we grant you a limited non-exclusive, non-transferable license to access the Application from a desktop or to download and install a copy of the Application on a mobile device that you own or control, verified with a single phone number, and run such copy of the Application solely for your own work/personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. We reserve all rights in the Application not expressly granted to you by these Terms.
You shall be solely responsible for all information, including, but not limited to, messages, pictures, audio files, videos, third-party links and similar information, that you upload, transmit, share or display through our Site or Application, (collectively, the “User Content”). In the normal course of business we store and archive all User Content that has been delivered through our Application. We decided to save this information in our servers so that any User would be able to have access to past and future event information in case of a change of his/her email or mobile number or replacement of his/her mobile device. It simply would not be fun for a User to lose all that information due to a change in email or number or device.
We do not guarantee the validity, accuracy or confidentiality with respect to any User Content and you shall be solely responsible and assume all risks for any consequences of uploading, posting, transferring or disclosing the User Content. You hereby confirm and warrant that the User Content does not violate your representation and warranties provided in these Terms. You further agree that any User Content you transmit over the Application will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of such material, or you are otherwise legally entitled to use or transmit the material and to grant us all of the related license rights.
You understand and agree that we may delete or remove any User Content in our sole discretion and without any notice, for any reason including for User Content that in our sole discretion violates these Terms.
Upon your voluntary termination of the use of our Services, we shall delete all your User Content and profile information from our database and servers within 30 days from such termination, except to the extent such User Content is required to be retained by applicable law. For the avoidance of doubt, any part of the User Content stored by your friends and contacts or other Users locally in their respective mobile devices will not be deleted after the voluntary termination of your account unless such User Content is manually deleted by your friends or contacts.
When you post any User Content or Status Submissions (as defined below) via our Application or related services, you (i) represent and warrant that you have the right to grant us, and (ii) hereby grant to us, a worldwide, non-exclusive, royalty-free, irrevocable, sub-licensable and transferable license to use, reproduce, distribute, reformat, translate, prepare derivative works, display, excerpt and distribute such User Content or Status Submissions for, or in connection with, the use of our Site or Application, including, without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. We do not assert any ownership over the User Content or Status Submissions and, subject to the rights granted to us in these Terms, you retain full ownership and proprietary rights of all User Content and Status Submissions.
Our Services allows our Users to submit text, photos and other content in the form of status updates (collectively, the “Status Submissions”). These Status Submissions may be shared and/or published as part of the Services, and will be visible to other Users who have your mobile phone number saved in their respective mobile phone. On the other hand, event information, direct messages or media files that you send directly to other Users will only be viewable by those Users or groups of Users to whom you directly send such information. We currently do not have a method of providing different levels of visibility of your Status Submissions among Users who have your mobile phone number saved in their mobile devices, and you acknowledge and agree that any Status Submissions may be viewed by any such User. As a result, you should not post any User Content in the form of a Status Submission if you do not want such User Content to be seen publicly by Users who have your mobile phone number saved in their respective mobile devices.
You shall be solely responsible for your own Status Submissions and the consequences of posting or publishing them. Because we only act as a repository of data, Status Submissions do not represent our views or opinions, and we do not guarantee the validity, accuracy or confidentiality of any such Status Submission.
You represent and warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use, and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the Services and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person referenced in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the Services and these Terms.
You hereby grant each User who receives your Status Submissions a non-exclusive license to access such Status Submissions through the Application. The foregoing license granted by you terminates once you remove or delete a Status Submission from the Application.
You understand that when using our Services you will be exposed to Status Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Submissions, and that such Status Submissions are not our responsibility. You further understand and acknowledge that you may be exposed to Status Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Services.
The Services are offered solely for Users’ personal/work use for the purposes described in these Terms. Any and all other uses are prohibited. You agree not to (and not to allow any third party to):
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of PurpleSlate, its users, or members of the public. You acknowledge that we have no obligation to monitor your access to or use of the Site, Application or Services or to review any Feedback (as defined below), but have the right to do so for the purpose of operating and improving the Site, Application and Services (including, without limitation, for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that we determine is otherwise objectionable or as set forth in these Terms.
Notify Us of Inappropriate content and users
If you find objectionable content being shared by users, you can notify us about it by doing a long press on the content. Then you will receive an option to flag the content as inappropriate. We will be moderating the reported content as well as the associated user generating such content, and will take necessary action to remove such objectionable content and users. You can also go to a user’s profile and find option to report user who is responsible for any objectionable activity by tapping on the menu on the top right corner of the screen. We will moderate reported users and take action to ensure they are ejected from the application and services.
Notify Us of Infringers
We will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). In response to a valid notice (as described below) we will remove any allegedly infringing User Content or Status Submissions from the Site, Application or Services. On taking down User Content or Status Submissions under the DMCA, we will take reasonable steps to contact the provider of the removed User Content or Status Submission so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the User Content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. If you believe any of the Services violate your copyright, notify our copyright agent in writing. The contact information for our copyright agent is at the bottom of this section.
In order for us to take action, you must do the following in your notice: (a) provide your physical or electronic signature; (b) identify the copyrighted work that you believe is being infringed; (c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it; (d) provide us with a way to contact you, such as your address, telephone number, or email; (e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, its agent, or the law to be used on the Services; and (f) provide a statement that the information you provide in your notice is accurate, and that (under penalty of perjury) you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for our copyright agent:
PurpleSlate LLC – Copyright Enforcement
Again, we cannot take action unless you give us all the required information.
Our Services are provided completely free of advertisements and do not contain any third-party links or third-party branded services. As such, we do not use your mobile phone number to send you any commercial, advertising or marketing messages. We hope to keep it this way forever. Our new pricing plan will help us mitigate the cost of providing these services to you, so you can enjoy an ad-free experience. We have no intention to introduce advertisement into the product, but if we ever do, we will update this section.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org or through the “Contact” section of the Site and Application. You acknowledge and agree that all Feedback will be the sole and exclusive property of PurpleSlate and you hereby irrevocably assign to us and agree to irrevocably assign to us all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the Feedback.
Use of the Services requires internet access through your desktop and mobile device, and your mobile device must have the capacity to receive text messages. You are responsible for all mobile carrier charges, if any, resulting from your use of the Services. We do not guarantee that the Services will be compatible with all mobile devices or will be supported by all mobile carriers. The user interface and functionality may not be the same across all platforms and mobile devices.
PurpleSlate is not responsible for the final delivery of any communication initiated by you through the Services, as this is out of our control and is the responsibility of downstream communications carriers.
While PurpleSlate shall use commercially reasonable efforts to transmit your messages for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transmission of your messages across the public switched telephone network and/or Internet. You should know that communications carriers assign messages with a default lifetime and any message that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. PurpleSlate is not liable for any loss incurred by the failure of a message to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from PurpleSlate for any such non-deliveries.
Our Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damage resulting from such problems. Any user can cancel the SMS service at any time by texting “STOP” to the number from which the SMS was received.
We may suspend your ability to use all or any element of the Services or may terminate these Terms effective immediately, without any notice or explanation. Without limiting the foregoing, we may suspend your access to the Services if we believe you to be in violation of any part of these Terms. After any suspension or termination, you may or may not be granted permission to re-establish an Account. You agree that we shall not be liable to you for any termination of these Terms or for any effects of any termination of these Terms. If we terminate or delete your Account or terminate the Terms, you will promptly remove all copies of the Application and parts thereof from your possession and control. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Feedback that you have sent us. Upon termination of the Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, this sentence and the following provisions: “Ownership,” the license you grant in “User Content,” “Limitation of Liability,” “Disclaimer of Warranties,” “Indemnification,” “Links,” “Feedback,” “Dispute Resolutions,” “Controlling Law and Jurisdiction” and “General.”
We may send you email messages to provide you information regarding our Services or for any reason that relates to the User’s’ use of our Application.. We may send push notifications to Users’ mobile devices or contact Users through the Application or via SMS for any reason that relates to the Users’ use of our Application. You hereby expressly consent to receive such email, push notifications and/or SMS messages.
You may report a problem to us regarding the Services, but we cannot guarantee that we will be able to remedy such problem.
Limitation of Liability
IN NO EVENT SHALL PURPLESLATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF COMPANY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY COMPANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY USER CONTENT OR STATUS SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PURPLESLATE SHALL NOT BE LIABLE FOR USER CONTENT, STATUS SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You and we understand and agree that the disclaimers, exclusions and limitations in this Section titled “Limitation of Liability” and in the Section below titled “Disclaimer of Warranties” are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that we would be unable to make the Services available to you except on these terms and hereby agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PURPLESLATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR COMPANY CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF COMPANY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY COMPANY CONTENT, USER CONTENT OR STATUS SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, APPLICATION OR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE APPLICATION OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER CONTENT OR STATUS SUBMISSION OR OTHER ADVERTISING, AND PURPLESLATE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THEIR PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
You agree to defend, indemnify and hold harmless PurpleSlate, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Services (including any actions taken by a third party using your account); (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; such as an allegation that your use of the Services to send Messages to Recipients violates the TCPA and/or other consumer protection laws or (iv) any claim that any of your User Content or Status Submissions caused damage to a third party, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the use of our Services. This defense and indemnification obligation will survive these Terms and your use of the Services. In the event of such a claim, suit, or action (“Claim”), if you have an account, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):
These Terms constitute the entire and exclusive understanding and agreement between PurpleSlate and you regarding the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PurpleSlate and you regarding the Site, Application and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by us (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of Colorado and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Denver County, Colorado or a United States District Court located in Denver County, Colorado for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction, as set forth in the Dispute Resolution provision below.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and PurpleSlate or their successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by these Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and PurpleSlate must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR PURPLESLATE MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, PurpleSlate will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) PurpleSlate also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator shall honor claims of privilege and privacy recognized at law; (f) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or PurpleSlate may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Denver County, Colorado. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Denver County, Colorado in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Denver County, Colorado for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (a) and (b) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor PurpleSlate shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Denver County, Colorado.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
You agree that no joint venture, partnership, or employment relationship exists between you and PurpleSlate as a result of these Terms or use of the Services. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms shall continue in effect. Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PurpleSlate. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms, please contact us at email@example.com.