End User License Agreement
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY BEFORE USING THIS APPLICATION OR ANY SERVICE RELATED TO THIS APPLICATION
This End User License Agreement may have been amended since the last time you visited.
Effective: May 26, 2020
This End User License Agreement ("EULA") governs your access or use of the mobile applications, websites, content, products, or services provided by Letzgo, Inc., or any parent, subsidiary or affiliate thereof (collectively, "Letzgo"). PLEASE READ THIS EULA CAREFULLY, AS IT IS A LEGAL AGREEMENT BETWEEN YOU AND LETZGO.
Letzgo owns and operates the Letzgo mobile application, and related applications, mobile sites, websites, content, and products and services (the "Application"). By accessing or using the Application (whether or not you create an Account), you confirm your agreement to be bound by the EULA. If you do not agree to the EULA, you may not access or use the Application or any Letzgo services available on or through the Application (the "Services").
Letzgo may amend the EULA from time to time, effective upon Letzgo's posting of such updated EULA at this location. Your continued access or use of the Application or any Services after such posting confirms your consent to be bound by the EULA, as amended.
Letzgo reserves the right, in its sole and absolute discretion, to (a) modify, suspend, or discontinue all or any portion of the Application or the Services, or anything offered on or through the Application, including but not limited to the features, look and feel, functional elements and related items or (b) terminate your access to the Application or Services (and, if applicable, your Account), each of the foregoing at any time and for any reason, with or without prior notice.
Access to the Services is limited to persons located in the United States and its territories and possessions.
This EULA expressly supersede prior agreements or arrangements with you related to the subject matter hereof, provided, however, it does not supersede any agreement between Letzgo and a Location (defined below) which governs the offering of such Location's products or services or other advertising through the Services to Application users.
Certain third-party merchants, and/or their respective store locations presented in the Application (each a "Location"), may advertise vouchers, coupons or other promotions ("Promotions") for their goods and services. You may review or use Promotions through the Application, but Letzgo is not responsible, in any manner, for (a) any third-party goods or services advertised on the Application or promoted through it, or (b) otherwise honoring any Promotions or other offers or promises made by Locations through the Application. You agree that Promotions, and each Location’s respective products or services, are provided solely by the respective Location and not by Letzgo, and you hereby waive any claims against, and hereby release and hold harmless Letzgo from, any and all claims, allegations, demands, suits, and proceedings, and from and against any liability, judgments, awards, damages, settlements, fees and costs (including attorney’s fees) incurred in connection with any such claim, arising out of or relating to (x) any Promotion, or any goods or services provided (or which are failed to be provided) to you, or which you use, in connection with a Promotion, or (y) any other product or service provided by or purchased at any Location.
This is a license agreement and not an agreement for sale. Letzgo owns, or has licenses from third parties, and reserves ownership of all intellectual property and other rights inherent in or relating to the Application, which include but are not limited to all copyright, patent rights, all rights in relation to registered and unregistered trademarks and service marks, confidential information, trade secrets and know-how, and all rights other than those expressly granted by this EULA.
Letzgo grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Application, subject to any applicable limitations stated herein, solely during the Term, solely for your personal purposes, and solely as expressly permitted herein. You may not copy, reproduce, republish, download, upload, post, display, transmit, or distribute the Application or provide any access thereto to any third party, except as otherwise expressly permitted in this EULA. You may not modify, create derivative works, redistribute, sell, decompile, reverse engineer, or otherwise attempt to deduce the source code, design, architecture, configuration, or data transmission characteristics of the Application.
The Services and all rights therein, and all material on or available from the Services, including without limitation all data, text, photos, videos, graphics, logos, software, or other content (collectively, "Materials") are and shall remain Letzgo's property or the property of Letzgo's licensors. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, or modified. The Services and Materials are protected by copyright, trademark, trade dress, patent, trade secret, international treaties, or other proprietary rights and laws of the United States and other countries. Letzgo enforces its intellectual property rights to the fullest extent of the law. No license of any rights is granted to you in or to the Services or Materials; or to use Letzgo's or its licensors' company name, brands, logos, product and service names, trademarks, or services marks.
You may not:
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device or if you sign up to receive messages or reminders via mobile messaging services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Letzgo does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services. In your access or use of the Services, you may not cause nuisance, annoyance, inconvenience, or property damage to any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify Letzgo of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Letzgo will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account or password.
By accessing the Services, you agree not to attempt, through any means, to gain unauthorized access to any part of the Services or any service, other Account, computer system or network connected to any Letzgo server; or to use a third-party's Account or registration without the express consent of the Account holder.
THE SERVICES, APPLICATION, ALL DATA, AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LETZGO AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, LETZGO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU.
IN NO EVENT SHALL LETZGO OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY ADVANTAGE) ARISING OUT OF THE SERVICES, THIS EULA, OR THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF LETZGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF RECOVERY. YOU ARE SOLELY RESPONSIBLE FOR THE BACKUP OF YOUR DATA. LETZGO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF: (A) YOUR USE OF OR RELIANCE ON THE SERVICES OR ANY DATA OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY INACCURACY IN ANY DATA OR INFORMATION AVAILABLE THROUGH THE SERVICES; OR (C) ANY TRANSACTION OR RELATIONSHIP (INCLUDING THE PROMOTIONS) BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, OR BETWEEN YOU AND ANY THIRD PARTY YOU CONTACT AS A RESULT OF YOUR USE OF THE SERVICES, EVEN IF LETZGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LETZGO UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE LOWEST LIMITATION OF LIABILITY ALLOWED BY LAW, OR, IN THE EVENT SUCH AMOUNT IS NOT PRESCRIBED BY LAW, ONE HUNDRED DOLLARS ($100).
You may not assign this EULA. Any purported assignment in violation of the foregoing shall be void. Letzgo may assign this EULA, including any portion of or all of the rights set forth herein, without your consent. No joint venture, partnership, employment, or agency relationship exists between you, Letzgo or any third-party as a result of this EULA, or use of the Services. If any provision of this EULA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Letzgo's failure to enforce any right or provision in the EULA shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Letzgo in writing. In the EULA, the words "including" and "include" mean "including, but not limited to".