MOUNT O
PRIVACY POLICYEffective date: 10/26/2021
Introduction
Welcome to Mount O, Inc.
Mount O, Inc. (“us”, “we”, or “our”) operates https://mounto.co and the Mount O application (hereinafter referred to as “Service” or “App”).Our Privacy Policy governs your visit to https://mounto.co and App and explains how we collect, safeguard and disclose information that results from your use of our Service.
We use your data to provide and improve Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in ourTerms and Conditions
Our Terms and Conditions (“Terms”) govern all use of our Service and together with the Privacy Policy constitutes your agreement with us (“agreement”).Definitions
SERVICE or App means the https://mounto.co website or app operated by Mount O, Inc.PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).COOKIES are small files stored on your device (computer or mobile device).DATA CONTROLLER means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.DATA SUBJECT is any living individual who is the subject of Personal Data.THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
• Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.Types of Data Collected
Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
• Email address
• Phone Number
• First name and last name
• Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.Usage Data
We may also collect information that your browser or phone sends whenever you visit our Service or when you access Service by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.Tracking Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
• Session Cookies: We use Session Cookies to operate our Service.
• Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
• Security Cookies: We use Security Cookies for security purposes.Use of Data
Mount O Inc. uses the collected data for various purposes:
• to provide and maintain our Service;
• to notify you about changes to our Service;
• to allow you to participate in interactive features of our Service when you choose to do so;
• to provide customer support;
• to gather analysis or valuable information so that we can improve our Service;
• to monitor the usage of our Service;
• to detect, prevent and address technical issues;
• to fulfill any other purpose for which you provide it;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and
collection;
• to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
• to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
• in any other way we may describe when you provide the information; • for any other purpose with your consent.Retention of Data
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
Mount O, Inc. will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal
information.Disclosure of Data
We may disclose personal information that we collect, or you provide:
• Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
• Business Transaction.
If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
• Other cases. We may disclose your information also:
• to our subsidiaries and affiliates;
• Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR. – See more at https://eur-lex.europa.eu/eli/reg/2016/679/oj
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at [email protected]
In certain circumstances, you have the following data protection rights: • the right to access, update or to delete the information we have on you;
• the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
• the right to object. You have the right to object to our processing of your Personal Data;
• the right of restriction. You have the right to request that we restrict the processing of your personal information;
• the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
• the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;
Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Service without some necessary data.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).Your Data Protection Rights under the California Privacy Protection Act (CPPA)
CalOPPA or CPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivable the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: https://consumercal.org/about
cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3/ According to CalOPPA we agree to the following:
• users can visit our site anonymously;
• our Privacy Policy link includes the word “Privacy”, and can easily be found on the page specified above on the home page of our website;
• users will be notified of any privacy policy changes on our Privacy Policy Page;
• users are able to change their personal information by emailing us at
[email protected]
Our Policy on “Do Not Track” Signals:
We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
• Your Data Protection Rights under the California Consumer Privacy Act (CCPA)
If you are a California resident, you are entitled to learn what data we collect about you, ask to delete your data and not to sell (share) it. To exercise your data protection rights, you can make certain requests and ask us:
• What personal information we have about you. If you make this request, we will return to you:
• The categories of personal information we have collected about you.
• The categories of sources from which we collect your personal information.
• The business or commercial purpose for collecting or selling your personal information.
• The categories of third parties with whom we share personal information.
• The specific pieces of personal information we have collected about you.
• A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.
• A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.
Please note, you are entitled to ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to the personal information we collected about you in the previous 12 months.
• To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate.
• To stop selling your personal information. We don't sell or rent your personal information to any third parties for any purpose. You are the only owner of your Personal Data and can request disclosure or deletion at any time.
Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights.
To exercise your California data protection rights described above, please send your request(s) by one of the following means:
By email: [email protected]
Your data protection rights, described above, are covered by the CCPA, short for the California Consumer Privacy Act. To find out more, visit the official California Legislative Information website. The CCPA took effect on 01/01/2020.Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.Analytics
We may use third-party Service Providers to monitor and analyze the use of our
Service.Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.Firebase
Firebase is analytics service provided by Google Inc.
You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=enPayments
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Stripe:
Their Privacy Policy can be viewed at: https://stripe.com/us/privacy
• Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
• Children's Privacy
Our Services are not intended for use by children under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from Children under 13. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
• Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update “effective date” at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
• Contact Us
If you have any questions about this Privacy Policy, please contact us: By email: [email protected]
TERMS OF SERVICE
Last updated: October 26, 2021Mount O, Inc. (“we” or “us” or ”Mount O”) is the creative team which created and now has released Mount O, to you, the people. Mount O which is made available through our website at mounto.co and through applications available for mobile devices. Please read the following terms of service (“Terms of Service”) carefully. These Terms of Service govern your access to and use of the mobile application (“App” or “Mount O”) including without limitation mount.co also known as the Mount O Website (“website”). Language: Unless otherwise specified, these Terms and all official communications from Mount O shall be in English.Language: Unless otherwise specified, these Terms and all official communications from Mount O shall be in English.Please extinguish all cigarettes before reading. For your information, please be aware that these amazing terms of service contain provisions governing how any claims we have against each other are resolved. To be more specific,
1) these terms contain an arbitration
agreement requiring disputes between us to be submitted to final and binding arbitration,2) you are waiving your right to seek damages in a court of law and have a jury trial on your claims,3) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.For our friends living outside the United States of America, we think you are cool and you may have certain rights and remedies under local law that cannot be excluded or limited. If you are entitled by local law to non-excludable or non-limitable rights and remedies, those rights and remedies are not affected by these terms and these terms are
to be read down to the extent (but understand this, only to the extent)
of inconsistency with such rights and remedies. However, to the extent
that any local law permits rights and remedies to be excluded or
limited, these Terms of Service operate to exclude or limit those rights or remedies to the extent so permitted by applicable local law. Just covering bases.We are making Mount O available to you for your organization, enjoyment, and personal use only.Subject to your compliance with the
terms and conditions of these Terms of Service, we grant you a limited, non-exclusive, non-transferable license (without the right to sublicense) to access, use, view, download and print, where applicable, the app and our content solely for your own purposes. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the app or our content for any other purpose.You may not use the app to break the law (obviously), violate an individual's privacy, or infringe any person or entity’s intellectual property or any other proprietary rights.You hereby acknowledge and agree that by downloading, accessing or
using the app or accessing any content through our app, you are
indicating that you have read, understand, and agree to be bound by these terms of service. If you do not agree to these terms of service, then you have no right to access or use the app.
MODIFICATIONMount O, Inc. reserves the right to modify, revise, update, discontinue or terminate the App or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the changes or to be more precise the modifications on our website or within the App, or otherwise provide you with notice of the modification. But we also encourage you to regularly check for updates.Modifications will be reflected by a "last updated" date above. For
instance, if you look now, you will see the date at the top. Pretty
cool, huh? By continuing to access or use Mount O after we have posted a modification to these Terms of Service or have provided you with notice of a modification, you are indicating tacitly that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, cease using the App. It’s that easy. To go a step further, if you do not agree with the Terms of Service you are not permitted to use any of the services provided by the App. You knew the rules, you knew the boundaries, mahalo.ELIGIBILITY AND CHILDRENMount O is intended solely for persons who are 13 or older. Well, to be exact we prefer college and University students. Any
access to or use of the App by anyone under 13 is prohibited, even if you are Doogie Howser. The Mount O app is not intended to be viewed or used by children under 13. And
honestly, if you are over 13 but under 18 you should have a conversation
with your parents about using Mount O. By accessing or using the App you represent and warrant that you are age 13 or older. Pursuant to the requirements of the Children's Online Privacy Protection Act ("COPPA")
in the United States and to avoid a possible episode of Law and Order SVU writing an episode about us, Mount O will not knowingly collect personally identifiable information from children under the age of 13
without first obtaining parental consent, and to the extent such information is inadvertently collected, Mount O will make every commercially reasonable effort to obtain permission from the child's
parent and/or permanently delete the information once it has actual
knowledge of such collection.PRIVACY
Your acceptance of these Terms of Service constitutes acceptance
of our Privacy Policy. Think of it as a two for one deal. If you have any questions about our Privacy Policy, please contact us at [email protected]RULES OF CONDUCT AND OBJECTIONABLE CONTENTMount O is intended to be used as a Greek Life organizational app. It is never to be used to send explicit images or links to sites containing pornography (of any kind), or illegal websites of any kind. Offering or recommending sexual services, buying or selling firearms, alcohol, and illegal or prescription drugs (even if it’s legal in your region), advocating hate or terrorism is also not allowed. Love your neighbor as yourself. Remember to always follow the law when offering to sell or buy other regulated goods. Mount O has a zero tolerance policy when it comes to sharing sexual content involving minors or threatening to post intimate images of others, bullying or blackmail. Users will be removed. Mount O reviews and acts on reported objectionable content within 24 hours. While Mount O attempts to filter and prevent inappropriate content, if a user finds inappropriate content 1) Flag the inappropriate content 2) immediately block the user by clicking on the ban menu on the offending user's profile. 3) Mount O will review the flagged content within 24 hours.To reiterate, the following posts are prohibited:
1. Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups
2. Realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence. “Enemies” within the context of a game cannot solely target a specific race, culture, real government, corporation, or any other real entity.
3. Depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms.
4. Overtly sexual or pornographic material, defined by Webster’s Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings."
5. Inflammatory religious commentary or inaccurate or misleading quotations of religious texts.
6. False information and features, including inaccurate device data or trick/joke functionality.YOUR ACCOUNTAlthough the App is free to use, you represent and warrant that the information you provide to us upon the licensing of the App and at all other times will be true, accurate, current, and complete. To use Mount O, you will have login information, including a name, email, phone number and password. In either case, your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. You will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the App and to preserve the confidentiality of your login and password, and any device that you use to access Mount O. You agree to notify us immediately of any breach in secrecy of your login information.If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, or aliens you agree to immediately notify us by email to [email protected]You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account.CONTENT ON THE APPSince Mount O is a college event and content manager, that means that there are certain types of content made available through Mount O. Seems pretty obvious but follow where we are going. In order to differentiate between content, “Our Content” means, collectively, text, data, graphics, images, illustrations, forms and look and feel attributes (UI or UX as we like to call it in the business), our trademarks and logos and other content made available through the Mount O, including any technology or code making up the App, excluding User Content. On the other hand, “User Content” means the text, data, graphics, images, links, photos, audio, video or audiovisual content and any other content uploaded, transmitted or submitted by you via Mount O. You retain full ownership to User Content and hereby provide us with a worldwide, royalty-free, perpetual, irrevocable, nonexclusive, sub-licensable, fully paid up, unrestricted license to reproduce, prepare derivative works, distribute copies, perform, publicly display, or otherwise use, modify, and exploit your User Content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.“Others Content” means the text, data, graphics, images, photos, video or audiovisual content and any other content uploaded, transmitted or submitted by other users via the App. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the App. While we are on the subject, Mount O makes no representations about the accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the App. Use Mount O at your own risk. You may be able to access other websites through links on Mount O either by Our Content or from User Content or Others content. You also may be able to use third party services, products, resources, content or information including Others Content (collectively, “Third Party Materials”) via Mount O. Third Party sounds like a really long night on the town, but really what this means about using Third Party Materials is that you acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and we disclaim any liability that you may incur arising from your access to or use of such Third Party Materials. You acknowledge and agree that we: (a) are not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) have no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) do not make any promises to remove Third Party Materials from being accessed through the App. Your ability to access or link to Third Party Materials or third party services does not imply any endorsement by us of Third Party Materials or any such third party services.PROPRIETARY RIGHTSWe retain all rights, title and interest (including all copyright, trade secret, patent and other rights) in and to the App and Our Content. If you are kind enough to give us feedback on the App, whether things to add or improvements or even bugs, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the App without compensation to you. Mount O contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All brand, product and service names used in the App or Our Content which identify us or our partners and/or their proprietary products and services are the trademarks or service marks of us or our partners. Nothing in Mount O shall be deemed to confer on any person any license or right on the part of us or such supplier with respect to any
such image, logo or name.COMMUNICATIONSWhat a wonderful time to be alive. If we had this service in the 1700’s we might need carrier pigeons and couriers. But today we have the wonder of email. Therefore you agree to receive email from us at the email address you provided to us for customer service-related purposes. By using Mount O or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Mount O. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the App or sending an email to
you (most likely).COPYRIGHT AND INFRINGEMENT ISSUESAny resemblance to actual persons, living or dead, or actual events is purely coincidental. The links and articles and other content made available on third-party websites may be protected by copyright and other applicable laws. Please refer to the website you were visiting when you saved such content for copyright notices, information and restrictions that may be applicable to such content. Some content may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the copyright holder, except to the extent allowed under the "fair use" provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws. By posting, sharing or saving any links, articles or content, you represent that doing so does not infringe any third party’s copyrights, trademarks, privacy rights or other intellectual property or legal rights of any kind. If you believe that something displayed on Mount O violates your copyright let us know at [email protected]WARRANTY DISCLAIMERUse of the Mount O is at your own risk. Living life is too. The App is provided to you on an “As is” and “as available” basis. We and any affiliates disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non infringement. We and our affiliates, suppliers and partners make no warranty that1) the App will meet you requirements;2) the App will be uninterrupted,
timely, secure or error-free; or3) that there will be no errors in the
App or that we will fix any errors. Any materials obtained through use of the App are obtained at your own discretion and risk and Mount O shall not be responsible for any damage caused to your computer, phone or data or for any bugs, viruses, Trojan horses or other destructive code resulting from use of the App or any content obtained from the App. Some States do not allow the exclusion of implied warranties for one reason or another, so this exclusion may not apply to you in that case. It is also possible you may have other legal rights, which vary from State to State. We are not responsible for any disputes or disagreements between you and Third Party you interact with using the App. We are not responsible for any disputes with your spouse either. You assume all risk associated with dealing with Third Parties. You agree to resolve disputes directly with the other party. You release Mount O of all claims, demands, and damages in disputes among users of the App. You also agree to not involve Mount O in such disputes. Use caution and vigilance when using Mount O.LIMITATION OF LIABILITYIf you were not aware, there are risks in relying upon, using, or retrieving information found on the Internet. Make sure you understand these risks before using Mount O. We believe it is a good practice with any website or application. If it has not been made clear yet, your use of Mount O is at our own risk. To the fullest extend permitted under law, Mount O, Inc and any our affiliates, nor their employees, officers, or directors have no obligation or liability (whether arising in contract, warranty, tort (including negligence), product liability or otherwise) for any direct, indirect, incidental, special, punitive, or consequential damages or liabilities (including, but not limited to, any loss of data, revenue, goodwill, or profit) arising from or related to your use of Mount O or any content for that matter. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.The foregoing limitation applies to damages arising from
1) your use or inability to use our app;
2) cost of procurement of substitute
goods and platform resulting from any goods or services purchased through or from our App;
3) Third Party content made available to you through the App;
4) unauthorized access to or alteration of your transmissions or data; or
5) any other matter relating to the App. Some States do not allow the limitation or exclusion of incidental, consequential, or other types of damages, so some of the above limitations many not apply to you. Notwithstanding anything to the contrary contained herein, out liability and the liability of each of our officers, directors, investors, employees, agents, advertisers, licensors, suppliers, service providers and other contractors to you or any Third Parties under any circumstance is limited to a collective Maximum Amount of $25.INDEMNITYYou agree, at your own expense, to defend, indemnify, and hold
harmless Mount O, Inc. and our affiliates, suppliers, partners, directors, pets, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees and/or expert witness fees) arising from your use of Mount O, your connection to the App, your violation of these Terms of Service or your violation of any rights of any third-party. Your indemnification obligation will survive the termination of these Terms of Service and your use of the App.
TERMINATION AND SUSPENSIONWe may terminate or suspend the App or any part of the App, terminate or suspend your use of Mount O, or block any IP address at any time without cause and without any liability to you. Think of it as those we have the right to refuse service signs you see at restaurants. Furthermore, we may terminate or suspend your permission to use the App immediately and without notice upon any violation of these Terms of Service, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. Upon any termination we may delete your account and passwords, and we may bar you from further use of the App. You agree that we will have no liability to you or any third party for termination of your account or access to Mount O. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms of Service and your use of Mount O.ASSIGNMENT
This Agreement may not be assigned, in whole or part, whether
voluntarily, by operation of law or otherwise, by you without our prior
written consent. Subject to the preceding sentence, the rights and
liabilities of the parties hereto is binding on, and shall inure to the
benefit of, the parties and their respective successors and assigns. Any
attempted assignment other than in accordance with this section shall
be null and void.GENERAL TERMSThese Terms of Service are governed by laws of the state of
California, without respect to its conflict of laws principally Mount O, Inc. and to the fullest extent permitted by applicable laws. These Terms of Service constitute the entire agreement between you and Mount O concerning your use of the App. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of
these Terms of Service remain in full force and effect. The section titles and annotations in these Terms of Service and Privacy Policy are for convenience only and have no legal or contractual effect. Portions of the App may be accompanied by additional terms that apply to specific features or areas of Mount O. Those additional terms supplement these terms with respect to your use of those features or areas.CLASS WAIVER, WAIVER OF JURY TRIAL, AND LAWSUIT TIME PERIODYou also acknowledge and understand that to the fullest extent permitted by applicable law, with respect to any dispute with the us and/or our affiliates, suppliers, and partners arising out of or relating to your use of Mount O or these Terms of Service:You are giving up your right to have a trial by jury; you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and you must file any claim within one (1) year after such claim arose or it is forever barred.ARBITRATIONExcept as otherwise provided in this paragraph, any dispute arising from or relating to the subject matter of this Agreement shall
be finally settled by arbitration in California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract
disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.