PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE USING THE SERVICES OFFERED BY REVNETICS, INC. ("REVNETICS"),
A DELAWARE CORPORATION. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING
TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.NOW.CO
(THE "SITE") AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS
OR WIDGETS OFFERED BY REVNETICS (COLLECTIVELY WITH THE SITE, THE "SERVICES").
Terms of Service
These Terms of Service (“Terms”)
govern your access to and use of the services and Revnetics' websites
(the “Services”), and any information, location data ("Location"),
text, graphics, or other materials uploaded, downloaded or appearing
on the Services (“Content”). Your access to and use of the Services
is conditioned on your acceptance of and compliance with these Terms.
By accessing or using the Services you agree to be bound by these Terms.
Basic Terms
Services shall include, but not be
limited to, any services Revnetics performs for you, any applications
or widgets offered by Revnetics that you download from the Site or,
from third party application stores (e.g., iTunes® store, or Google
Apps Marketplace) authorized by Revnetics, as well as the offering of
any materials displayed or performed on or through the Services, including
Content and Location.
You are required to register and
represent, warrant and covenant that you provide Revnetics with accurate,
truthful, and complete registration information (including, but not
limited to your name, phone number, and e-mail address), and to keep
your registration information accurate and up-to-date. Failure to do
so shall constitute a breach of these Terms of Use, which may result
in immediate termination of your Now account.
You shall not:
• provide any false personal information to Revnetics (including a false Name) or create any account for anyone other than yourself without such person's permission;
• use a Name that is the name of another person with the intent to impersonate that person;
• use a Name or Now account that is subject to any rights of a person other than you without appropriate authorization; or
• use a Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
• use a device you are not authorized to use to create a Now account.
Revnetics reserves the right to refuse
registration of, or cancel an account in its sole discretion. You are
solely responsible and liable for activity that occurs on your account
and shall be responsible for maintaining the security of your account.
You shall never use another user's account without such other user's
prior express permission. You will immediately notify Revnetics in writing
of any unauthorized use of your account, or other account related security
breach of which you are aware.
You are responsible for your use
of the Services, for any content you post to the Services, the location
data you share, and for any consequences thereof. The Content you submit,
post, or display will be able to be viewed by other users of the Services.
You should only provide Content and only share your location if you
are comfortable sharing with others under these Terms.
You represent and warrant that if
you are an individual, you are of legal age to form a binding contract,
or that if you are registering on behalf of an entity, that you are
authorized to enter into, and bind the entity to, these Terms of Use
and register for the Services. The Services are not available to individuals
who are younger than 13 years old. Revnetics may, in its sole discretion,
refuse to offer the Services to any person or entity and change its
eligibility criteria at any time. You are solely responsible for ensuring
that these Terms of Use are in compliance with all laws, rules and regulations
applicable to you and the right to access the Services are revoked where
these Terms of Use or use of the Services is prohibited and, in such
circumstances, you agree not to use or access the Site or Services in
any way.
The Services that Revnetics
provides are always evolving and the form and nature of the Services
that Revnetics provides may change from time to time without prior notice
to you. In addition, Revnetics may stop (permanently or temporarily)
providing the Services (or any features within the Services) to you
or to users generally and may not be able to provide you with prior
notice. We also retain the right to create limits on use and storage
at our sole discretion at any time without prior notice to you.
The Services may include advertisements,
which may be targeted to the Content or information on the Services,
queries made through the Services, or other information. The types and
extent of advertising by Revnetics on the Services are subject to change.
In consideration for Revnetics granting you access to and use of the
Services, you agree that Revnetics and its third party providers and
partners may place such advertising on the Services or in connection
with the display of Content or information from the Services whether
submitted by you or others.
Privacy
Any information that you provide
to Revnetics is subject to our Privacy Policy, which governs
our collection and use of your information. You understand that through
your use of the Services you consent to the collection and use (as set
forth in the Privacy Policy) of this information, including the transfer
of this information to the United States and/or other countries for
storage, processing and use by Revnetics. As part of providing you the
Services, we may need to provide you with certain communications, such
as service announcements and administrative messages. These communications
are considered part of the Services and your Revnetics account, which
you may not be able to opt-out from receiving.
Authentication
The Services use your unique device
id, name, and/or phone number to authenticate you. You are responsible
for safeguarding the devices that you use to access the Services.
We encourage you to use “strong” passwords (passwords that use a
combination of upper and lower case letters, numbers and symbols) for
your device. Revnetics cannot and will not be liable for any loss
or damage arising from your failure to comply with the above requirements.
Location
All location data is the sole responsibility
of the person whose device originated such data. We cannot take
responsibility for the data or accuracy of data. Any use or reliance
on any Location data shared via the Services or obtained by you through
the Services is at your risk.
We do not endorse, support, represent
or guarantee the completeness, truthfulness, accuracy, or reliability
of any location data shared via the Services. You understand that
by using the Services, you may share and be exposed to data that is
of a highly personal nature, or in some cases, data that might be deceptive.
Under no circumstances will Revnetics be liable in any way for any location
data, including, but not limited to, any errors or omissions in any
location data, or any loss or damage of any kind incurred as a result
of any location data shared, emailed, transmitted or otherwise made
available via the Services or broadcast elsewhere.
IF YOU HAVE ANY ISSUES WITH SHARING
YOUR LOCATION OR ARE NOT COMFORTABLE WITH GPS TRACKING OR BACKGROUND
LOCATION UPDATES, DO NOT USE THIS APPLICATION OR SERVICES!
IF YOU HAVE USED THE SERVICES OR APPLICATION IN THE PAST AND DO NOT
WISH TO SHARE YOUR LOCATION, YOU MUST UNINSTALL AND REMOVE THE SERVICES
AND APPLICATION FROM ALL YOUR DEVICES IMMEDIATELY.
Content on the Services
All Content is the sole responsibility
of the person who originated such Content. We may not monitor or control
the Content posted via the Services and we cannot take responsibility
for such Content. Any use or reliance on any Content or materials posted
via the Services or obtained by you through the Services is at your
own risk.
We do not endorse, support, represent
or guarantee the completeness, truthfulness, accuracy, or reliability
of any Content or communications posted via the Services or endorse
any opinions expressed via the Services. You understand that by using
the Services, you may be exposed to Content that might be offensive,
harmful, inaccurate or otherwise inappropriate, or in some cases, postings
that have been mislabeled or are otherwise deceptive. Under no circumstances
will Revnetics be liable in any way for any Content, including, but
not limited to, any errors or omissions in any Content, or any loss
or damage of any kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made available via the Services
or broadcast elsewhere.
Your Rights
You retain your rights to any Content
you submit, post or display on or through the Services. By submitting,
posting or displaying Content on or through the Services, you grant
us a worldwide, non-exclusive, royalty-free license (with the right
to sublicense) to use, copy, reproduce, process, adapt, modify, publish,
transmit, display and distribute such Content in any and all media or
distribution methods (now known or later developed).
Such additional uses by Revnetics,
or other companies, organizations or individuals who partner with Revnetics,
may be made with no compensation paid to you with respect to the Content
that you submit, post, transmit or otherwise make available through
the Services.
We may modify or adapt your Content
in order to transmit, display or distribute it over computer networks
and in various media and/or make changes to your Content as are necessary
to conform and adapt that Content to any requirements or limitations
of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You understand that your Content may be rebroadcasted by other users and if you do not have the right to submit Content for such use, it may subject you to liability. Revnetics will not be responsible or liable for any use of your Content by Revnetics in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
Revnetics gives you a personal, worldwide,
royalty-free, non-assignable and non-exclusive license to use the software
that is provided to you by Revnetics as part of the Services. This license
is for the sole purpose of enabling you to use and enjoy the benefit
of the Services as provided by Revnetics, in the manner permitted by
these Terms.
Revnetics Rights
All right, title, and interest in
and to the Services (excluding Content provided by users) are and will
remain the exclusive property of Revnetics and its licensors. The Services
are protected by copyright, trademark, and other laws of both the United
States and foreign countries. Nothing in the Terms gives you a right
to use the Revnetics and Now name or any of the Revnetics and Now trademarks,
logos, domain names, and other distinctive brand features. Any feedback,
comments, or suggestions you may provide regarding Revnetics, or the
Services is entirely voluntary and we will be free to use such feedback,
comments or suggestions as we see fit and without any obligation to
you.
Restrictions on Content and Use
of the Services
We reserve the right at all times
(but will not have an obligation) to remove or refuse to distribute
any Content on the Services and to terminate users. We also reserve
the right to access, read, preserve, and disclose any information as
we reasonably believe is necessary to (i) satisfy any applicable law,
regulation, legal process or governmental request, (ii) enforce the
Terms, including investigation of potential violations hereof, (iii)
detect, prevent, or otherwise address fraud, security or technical issues,
(iv) respond to user support requests, or (v) protect the rights, property
or safety of Revnetics, its users and the public.
You may not do any of the following
while accessing or using the Services: (i) access, tamper with, or use
non-public areas of the Services, Revnetics' computer systems, or the
technical delivery systems of Revnetics' providers; (ii) probe, scan,
or test the vulnerability of any system or network or breach or circumvent
any security or authentication measures; (iii) access or search or attempt
to access or search the Services by any means (automated or otherwise)
other than through our currently available, published interfaces that
are provided by Revnetics (and only pursuant to those terms and conditions),
unless you have been specifically allowed to do so in a separate agreement
with Revnetics; (iv) forge any TCP/IP packet header or any part of the
header information in any email or posting, or in any way use the Services
to send altered, deceptive or false source-identifying information;
or (v) interfere with, or disrupt, (or attempt to do so), the access
of any user, host or network, including, without limitation, sending
a virus, overloading, flooding, spamming, mail-bombing the Services,
or by scripting the creation of Content in such a manner as to interfere
with or create an undue burden on the Services or its users.
The Services are Available “AS-IS”
Your access to and use of the Services
or any Content is at your own risk. You understand and agree that the
Services is provided to you on an “AS IS” and “AS AVAILABLE”
basis. Without limiting the foregoing, REVNETICS AND ITS PARTNERS DISCLAIM
ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim
all responsibility and liability for the completeness, accuracy, availability,
timeliness, security or reliability of the Services or any content thereon.
Revnetics will not be responsible or liable for any harm to your computer
system, loss of data, or other harm that results from your access to
or use of the Services, or any Content. You also agree that Revnetics
has no responsibility or liability for the deletion of, or the failure
to store or to transmit, any Content and other communications maintained
by the Services. We make no warranty that the Services will meet your
requirements or be available on an uninterrupted, secure, or error-free
basis. No advice or information, whether oral or written, obtained from
Revnetics or through the Services, will create any warranty not expressly
made herein.
Links
The Services may contain links to
third-party websites or resources. You acknowledge and agree that we
are not responsible or liable for: (i) the availability or accuracy
of such websites or resources; or (ii) the content, products, or services
on or available from such websites or resources. Links to such websites
or resources do not imply any endorsement by Revnetics of such websites
or resources or the content, products, or services available from such
websites or resources. You acknowledge sole responsibility for and assume
all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, REVNETICS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL,
OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE
OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT
OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED
ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER
BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER
LEGAL THEORY, WHETHER OR NOT REVNETICS HAS BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions do not allow the
exclusion of certain warranties or the exclusion or limitation of liability
for consequential or incidental damages, so the limitations above may
not apply to you.
Waiver and Severability
The failure of Revnetics to enforce
any right or provision of these Terms will not be deemed a waiver of
such right or provision. In the event that any provision of these Terms
is held to be invalid or unenforceable, the remaining provisions of
these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related
thereto will be governed by the laws of the State of California without
regard to or application of its conflict of law provisions or your state
or country of residence. All claims, legal proceedings or litigation
arising in connection with the Services will be brought solely in San
Francisco County, California, and you consent to the jurisdiction of
and venue in such courts and waive any objection as to inconvenient
forum. If you are accepting these Terms on behalf of a United States
federal government entity that is legally unable to accept the controlling
law, jurisdiction or venue clauses above, then those clauses do not
apply to you but instead these Terms and any action related thereto
will be will be governed by the laws of the United States of America
(without reference to conflict of laws) and, in the absence of federal
law and to the extent permitted under federal law, the laws of the State
of California (excluding choice of law).
Entire Agreement
These Terms and our Privacy Policy
are the entire and exclusive agreement between Revnetics and you regarding
the Services (excluding any services for which you have a separate agreement
with Revnetics that is explicitly in addition or in place of these Terms),
and these Terms supersede and replace any prior agreements between Revnetics
and you regarding the Services.
We may revise these Terms from time
to time, the most current version will always be here. If the revision,
in our sole discretion, is material we will notify you via your Now
client or e-mail to the email associated with your account. By continuing
to access or use the Services after those revisions become effective,
you agree to be bound by the revised Terms.
These Services are operated and provided
by Revnetics Inc., 153 Townsend Street, Suite 9030, San Francisco, CA
94107. If you have any questions about these Terms, please
contact us.
Effective: June 10, 2011