Letzgo, Inc.
Terms of Website Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY SERVICE RELATED TO THIS WEBSITE
These Terms may have been amended since the last time you visited.
Effective: May 26, 2020
These Terms of Website Use ("ToU") govern your access or use of the websites, mobile applications, content, products, or services provided by Letzgo, Inc., or any parent, subsidiary or affiliate thereof (collectively, "Letzgo"). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND LETZGO.
Letzgo owns and operates the letzgo.io website, and related mobile sites, websites, applications, content, and products and services (the "Website"). By accessing or using the Website (whether or not you create an Account), you confirm your agreement to be bound by the ToU. If you do not agree to the ToU, you may not access or use the Website or any services available on or through the Website (the "Services").
Letzgo may amend the ToU from time to time, effective upon Letzgo's posting of such updated ToU at this location. Your continued access or use of the Website or any Services after such posting confirms your consent to be bound by the ToU, as amended.
Letzgo reserves the right, in its sole and absolute discretion, to (a) modify, suspend, or discontinue all or any portion of the Website or the Services, or anything offered on or through the Website, including but not limited to the features, look and feel, functional elements and related items or (b) terminate your access to the Website or Services, 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.
Letzgo's collection and use of personal information in connection with the Services is described in Letzgo's privacy policy ("Privacy Policy") located at letzgo.io/privacy, which is hereby incorporated by reference into the ToU.
The Website and 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 Website, 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 Website, 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 agree to comply with all applicable laws when accessing or using the Services. In your access or use of the Services through an Account, you may not cause nuisance, annoyance, inconvenience, or property damage to any other party. Without limitation to the foregoing, you agree:
You hereby indemnify and hold harmless Letzgo from and against any and all claims, allegations, demands, suits, and proceedings (collectively, "Claims"), and from and against any liability, judgments, awards, damages, settlements, fees and costs (including attorney’s fees) (collectively, "Damages") incurred in connection with any such Claims, brought or asserted by any third party arising out of or relating to the foregoing proscriptions or your use of the Website or Services. Additionally, you agree that violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Letzgo will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages or to post bond.
The Services may be made available to you, or accessed by you, using third party devices, such as mobile devices and applications, and other third-party services and content (including advertising) that Letzgo does not control. The Services may also include advertisements or otherwise link to third-party websites or other content. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Letzgo does not endorse such third-party services and content and in no event shall Letzgo be responsible or liable for any products or services of such third-party providers.
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.
THE SERVICES, WEBSITE, 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, THE AGREEMENT, 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 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.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOUR SOLE REMEDY IN RESPECT OF THE SERVICES, ANY APPLICATION OR SOFTWARE PROVIDED BY LETZGO, ANY MATERIALS, THE TERMS OF SERVICE AND WEBSITE USE, OR THE PRIVACY POLICY, REGARDLESS OF ANY THEORY OF RECOVERY, SHALL BE TO CEASE YOUR USE OF THE SAME. THIS LIMITATION SHALL NOT APPLY TO BODILY INJURY OR DEATH AND SHALL BE SUBJECT TO ANY REFUND RIGHTS EXPRESSLY PROVIDED BY LETZGO.
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 the ToU. Any purported assignment in violation of the foregoing shall be void. Letzgo may assign the ToU, 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 the ToU, or use of the Services. If any provision of the ToU 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 ToU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Letzgo in writing. In the ToU, the words "including" and "include" mean "including, but not limited to".