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<!DOCTYPE html>
<html class="no-js">
<head>
<meta charset="utf-8" />
<meta http-equiv="X-UA-Compatible" content="IE=edge" />
<title>TigerAware</title>
<meta name="viewport" content="width=device-width, initial-scale=1" />
<meta
name="description"
content="A mobile-based data collection platform for collecting participant experiences in real time, over time."
/>
<meta
name="keywords"
content="Ecological Momentary Assessment, mobile, data collection, mobile health"
/>
<meta name="author" content="TigerAware Labs" />
<!-- Facebook and Twitter integration -->
<meta
property="og:title"
content="A mobile-based data collection platform for collecting participant experiences in real time, over time."
/>
<!-- Facebook and Twitter integration -->
<meta property="og:title" content="" />
<meta property="og:image" content="" />
<meta property="og:url" content="" />
<meta property="og:site_name" content="" />
<meta property="og:description" content="" />
<meta name="twitter:title" content="" />
<meta name="twitter:image" content="" />
<meta name="twitter:url" content="" />
<meta name="twitter:card" content="" />
<!-- Place favicon.ico and apple-touch-icon.png in the root directory -->
<link rel="shortcut icon" href="favicon.png" />
<link
href="https://fonts.googleapis.com/css?family=Source+Sans+Pro:400,300,600,400italic,700"
rel="stylesheet"
type="text/css"
/>
<script src="https://ajax.googleapis.com/ajax/libs/jquery/3.3.1/jquery.min.js"></script>
<!-- Animate.css -->
<link rel="stylesheet" href="css/animate.css" />
<!-- Icomoon Icon Fonts-->
<link rel="stylesheet" href="css/icomoon.css" />
<!-- Simple Line Icons -->
<link rel="stylesheet" href="css/simple-line-icons.css" />
<!-- Magnific Popup -->
<link rel="stylesheet" href="css/magnific-popup.css" />
<!-- Bootstrap -->
<link rel="stylesheet" href="css/bootstrap.css" />
<link rel="stylesheet" href="./css/style.css" />
<!-- Modernizr JS -->
<script src="js/modernizr-2.6.2.min.js"></script>
<style>
.link {
color: white !important;
}
.link-back {
color: #EB8258 !important;
background-color: white;
padding: 10px;
border-radius: 20px;
}
</style>
</head>
<body>
<section id="fh5co-services" data-section="services">
<div class="container">
<a href="/"><i class="icon-arrow-left link-back to-animate"></i></a>
<div class="row">
<div class="col-md-12 section-heading text-left">
<h2 class="left-border to-animate">Terms of Use</h2>
<div class="row">
<div class="col-md-8 subtext to-animate">
<div data-custom-class="body">
<p data-custom-class="subtitle">
<strong>Last updated July 03, 2020</strong>
</p>
<p data-custom-class="heading_1">
<strong>AGREEMENT TO TERMS</strong>
</p>
<p data-custom-class="body_text">
These Terms of Use constitute a legally binding agreement
made between you, whether personally or on behalf of an
entity (“you”) and TigerAware,
LLC ("<strong>Company</strong>",
“<strong>we</strong>”,
“<strong>us</strong>”, or
“<strong>our</strong>”), concerning your access
to and use of the <a
class="link"
href="https://tigeraware.com"
data-custom-class="link"
>https://tigeraware.com</a
> website as well as any other media form, media
channel, mobile website or mobile application related,
linked, or otherwise connected thereto (collectively, the
“Site”). You agree that by accessing the Site,
you have read, understood, and agreed to be bound by all of
these Terms of Use.
</p>
<p data-custom-class="body_text">
Supplemental terms and conditions or documents that may be
posted on the Site from time to time are hereby expressly
incorporated herein by reference. We reserve the right, in
our sole discretion, to make changes or modifications to
these Terms of Use at any time and for any reason. We will
alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any
right to receive specific notice of each such change. It is
your responsibility to periodically review these Terms of
Use to stay informed of updates. You will be subject to, and
will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your
continued use of the Site after the date such revised Terms
of Use are posted.
</p>
<p data-custom-class="body_text">
The information provided on the Site is not intended for
distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use would
be contrary to law or regulation or which would subject us
to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the
Site from other locations do so on their own initiative and
are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
</p>
<p data-custom-class="body_text">
The Site is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability
Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected
to such laws, you may not use this Site. You may not use the
Site in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
</p>
<p data-custom-class="body_text">
The Site is intended for users who are at least 18 years
old. Persons under the age of 18 are not permitted to use or
register for the Site.
</p>
<p data-custom-class="heading_1">
<strong>INTELLECTUAL PROPERTY RIGHTS</strong>
</p>
<p data-custom-class="body_text">
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality,
software, website designs, audio, video, text, photographs,
and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks,
and logos contained therein (the “Marks”) are
owned or controlled by us or licensed to us, and are
protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of
the United States, international copyright laws, and
international conventions. The Content and the Marks are
provided on the Site “AS IS” for your
information and personal use only. Except as expressly
provided in these Terms of Use, no part of the Site and no
Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
</p>
<p data-custom-class="body_text">
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to
download or print a copy of any portion of the Content to
which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and
the Marks.
</p>
<p data-custom-class="heading_1">
<strong>USER REPRESENTATIONS</strong>
</p>
<p data-custom-class="body_text">
By using the Site, you represent and warrant that: (1)
all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such
registration information as necessary; (3) you have the
legal capacity and you agree to comply with these Terms of
Use; (4) you are not a minor in the jurisdiction in
which you reside; (5) you will not access the Site through
automated or non-human means, whether through a bot, script,
or otherwise; (6) you will not use the Site for any illegal
or unauthorized purpose; and (7) your use of the Site will
not violate any applicable law or regulation.
</p>
<p data-custom-class="heading_1">
<strong>USER REGISTRATION</strong>
</p>
<p data-custom-class="body_text">
You may be required to register with the Site. You agree to
keep your password confidential and will be responsible for
all use of your account and password. We reserve the right
to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
</p>
<p data-custom-class="heading_1">
<strong>PROHIBITED ACTIVITIES</strong>
</p>
<p data-custom-class="body_text">
You may not access or use the Site for any purpose other
than that for which we make the Site available. The Site may
not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by
us.
</p>
<p data-custom-class="body_text">
As a user of the Site, you agree not to:
</p>
<ol>
<li data-custom-class="body_text">
Systematically retrieve data or other content from
the Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory without
written permission from us.
</li>
<li data-custom-class="body_text">
Trick, defraud, or mislead us and other users, especially
in any attempt to learn sensitive account information such
as user passwords.
</li>
<li data-custom-class="body_text">
Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features
that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the
Content contained therein.
</li>
<li data-custom-class="body_text">
Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Site.
</li>
<li data-custom-class="body_text">
Use any information obtained from the Site in order to
harass, abuse, or harm another person.
</li>
<li data-custom-class="body_text">
Make improper use of our support services or submit false
reports of abuse or misconduct.
</li>
<li data-custom-class="body_text">
Use the Site in a manner inconsistent with any applicable
laws or regulations.
</li>
<li data-custom-class="body_text">
Engage in unauthorized framing of or linking to the Site.
</li>
<li data-custom-class="body_text">
Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Site
or modifies, impairs, disrupts, alters, or interferes with
the use, features, functions, operation, or maintenance of
the Site.
</li>
<li data-custom-class="body_text">
Delete the copyright or other proprietary rights notice
from any Content.
</li>
<li data-custom-class="body_text">
Interfere with, disrupt, or create an undue burden on the
Site or the networks or services connected to the Site.
</li>
<li data-custom-class="body_text">
Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of
the Site to you.
</li>
<li data-custom-class="body_text">
Attempt to bypass any measures of the Site designed to
prevent or restrict access to the Site, or any portion of
the Site.
</li>
<li data-custom-class="body_text">
Copy or adapt the Site’s software, including but not
limited to Flash, PHP, HTML, JavaScript, or other code.
</li>
<li data-custom-class="body_text">
Decipher, decompile, disassemble, or reverse engineer any
of the software comprising or in any way making up a part
of the Site.
</li>
<li data-custom-class="body_text">
Except as may be the result of standard search engine
or Internet browser usage, use, launch, develop, or
distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
</li>
<li data-custom-class="body_text">
Use a buying agent or purchasing agent to make purchases
on the Site.
</li>
<li data-custom-class="body_text">
Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated
means or under false pretenses.
</li>
<li data-custom-class="body_text">
Use the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
</li>
</ol>
<p data-custom-class="heading_1">
<strong>CONTRIBUTION LICENSE</strong>
</p>
<p data-custom-class="body_text">
You and the Site agree that we may access, store, process,
and use any information and personal data that you provide
following the terms of the Privacy Policy and your choices
(including settings).
</p>
<p data-custom-class="body_text">
By submitting suggestions or other feedback regarding the
Site, you agree that we can use and share such feedback for
any purpose without compensation to you.
</p>
<p data-custom-class="heading_1">
<strong>MOBILE APPLICATION LICENSE</strong>
</p>
<p data-custom-class="heading_2">
<strong>Use License</strong>
</p>
<p data-custom-class="body_text">
If you access the Site via a mobile application, then we
grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application on
wireless electronic devices owned or controlled by you, and
to access and use the mobile application on such devices
strictly in accordance with the terms and conditions of this
mobile application license contained in these Terms of Use.
You shall not: (1) decompile, reverse engineer, disassemble,
attempt to derive the source code of, or decrypt the
application; (2) make any modification, adaptation,
improvement, enhancement, translation, or derivative work
from the application; (3) violate any applicable laws,
rules, or regulations in connection with your access or use
of the application; (4) remove, alter, or obscure any
proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor,
commercial enterprise, or other purpose for which it is not
designed or intended; (6) make the application available
over a network or other environment permitting access or use
by multiple devices or users at the same time; (7) use the
application for creating a product, service, or software
that is, directly or indirectly, competitive with or in any
way a substitute for the application; (8) use the
application to send automated queries to any website or to
send any unsolicited commercial e-mail; or (9) use any
proprietary information or any of our interfaces or our
other intellectual property in the design, development,
manufacture, licensing, or distribution of any applications,
accessories, or devices for use with the application.
</p>
<p data-custom-class="heading_2">
<strong>Apple and Android Devices</strong>
</p>
<p data-custom-class="body_text">
The following terms apply when you use a mobile application
obtained from either the Apple Store or Google Play (each an
“App Distributor”) to access the Site: (1) the
license granted to you for our mobile application is limited
to a non-transferable license to use the application on a
device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage
rules set forth in the applicable App Distributor’s
terms of service; (2) we are responsible for providing any
maintenance and support services with respect to the mobile
application as specified in the terms and conditions of this
mobile application license contained in these Terms of Use
or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services
with respect to the mobile application; (3) in the event of
any failure of the mobile application to conform to any
applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its
terms and policies, may refund the purchase price, if any,
paid for the mobile application, and to the maximum extent
permitted by applicable law, the App Distributor will have
no other warranty obligation whatsoever with respect to the
mobile application; (4) 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; (5) you must comply with
applicable third-party terms of agreement when using the
mobile application, e.g., if you have a VoIP application,
then you must not be in violation of their wireless data
service agreement when using the mobile application; and (6)
you acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in
this mobile application license contained in these Terms of
Use, and that each App Distributor will have the right (and
will be deemed to have accepted the right) to enforce the
terms and conditions in this mobile application license
contained in these Terms of Use against you as a third-party
beneficiary thereof.
</p>
<p data-custom-class="heading_1">
<strong>SUBMISSIONS</strong>
</p>
<p data-custom-class="body_text">
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding
the Site ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We
shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted
use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to
any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right
to submit such Submissions. You agree there shall be no
recourse against us for any alleged or actual infringement
or misappropriation of any proprietary right in your
Submissions.
</p>
<p data-custom-class="heading_1">
<strong>SITE MANAGEMENT</strong>
</p>
<p data-custom-class="body_text">
We reserve the right, but not the obligation, to: (1)
monitor the Site for violations of these Terms of Use; (2)
take appropriate legal action against anyone who, in our
sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice,
or liability, to remove from the Site or otherwise disable
all files and content that are excessive in size or are in
any way burdensome to our systems; and (5) otherwise manage
the Site in a manner designed to protect our rights and
property and to facilitate the proper functioning of the
Site.
</p>
<p data-custom-class="heading_1">
<strong>TERM AND TERMINATION</strong>
</p>
<p data-custom-class="body_text">
These Terms of Use shall remain in full force and effect
while you use the Site.
</p>
<p data-custom-class="body_text">
If we terminate or suspend your account for any reason, you
are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil,
criminal, and injunctive redress.
</p>
<p data-custom-class="heading_1">
<strong>MODIFICATIONS AND INTERRUPTIONS</strong>
</p>
<p data-custom-class="body_text">
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our
sole discretion without notice. However, we have no
obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of
the Site without notice at any time. We will not be liable
to you or any third party for any modification, price
change, suspension, or discontinuance of the Site.
</p>
<p data-custom-class="body_text">
We cannot guarantee the Site will be available at all times.
We may experience hardware, software, or other problems or
need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice
to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability
to access or use the Site during any downtime or
discontinuance of the Site. Nothing in these Terms of Use
will be construed to obligate us to maintain and support the
Site or to supply any corrections, updates, or releases in
connection therewith.
</p>
<p data-custom-class="heading_1">
<strong>GOVERNING LAW</strong>
</p>
<p data-custom-class="body_text">
These Terms of Use and your use of the Site are governed by
and construed in accordance with the laws of the State
of Missouri applicable to agreements made and to
be entirely performed within the State
of Missouri, without regard to its conflict of law
principles.
</p>
<p data-custom-class="heading_1">
<strong>DISPUTE RESOLUTION</strong>
</p>
<p data-custom-class="heading_2">
<strong>Informal Negotiations</strong>
</p>
<p data-custom-class="body_text">
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each a
"Dispute" and collectively, the “Disputes”)
brought by either you or us (individually, a
“Party” and collectively, the
“Parties”), the Parties agree to first attempt
to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least one hundred
twenty (120) days before initiating arbitration. Such
informal negotiations commence upon written notice from one
Party to the other Party.
</p>
<p data-custom-class="heading_2">
<strong>Binding Arbitration</strong>
</p>
<p data-custom-class="body_text">
If the Parties are unable to resolve a Dispute through
informal negotiations, the Dispute (except those Disputes
expressly excluded below) will be finally and exclusively
resolved through binding arbitration. YOU UNDERSTAND THAT
WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN
COURT AND HAVE A JURY TRIAL. The arbitration shall be
commenced and conducted under the Commercial Arbitration
Rules of the American Arbitration Association ("AAA") and,
where appropriate, the AAA’s Supplementary Procedures
for Consumer Related Disputes ("AAA Consumer Rules"), both
of which are available at the AAA website: <a
class="link"
href="http://www.adr.org"
data-custom-class="link"
>www.adr.org</a
>. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer
Rules. If such costs are determined by the arbitrator
to be excessive, we will pay all arbitration fees and
expenses. The arbitration may be conducted in person,
through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, but need not
provide a statement of reasons unless requested by either
Party. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules
or applicable law, the arbitration will take place
in United Statues, Missouri. Except as otherwise
provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator.
</p>
<p data-custom-class="body_text">
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in
the state and federal courts located in Boone
County, Missouri, and the Parties hereby consent to,
and waive all defenses of lack of personal jurisdiction, and
forum non conveniens with respect to venue and jurisdiction
in such state and federal courts. Application of the
United Nations Convention on Contracts for the International
Sale of Goods and the the Uniform Computer Information
Transaction Act (UCITA) is excluded from these Terms of Use.
</p>
<p data-custom-class="body_text">
In no event shall any Dispute brought by either Party
related in any way to the Site be commenced more
than one (1) years after the cause of action
arose. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate
any Dispute falling within that portion of this provision
found to be illegal or unenforceable, and such Dispute shall
be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree
to submit to the personal jurisdiction of that court.
</p>
<p data-custom-class="heading_2">
<strong>Restrictions</strong>
</p>
<p data-custom-class="body_text">
The Parties agree that any arbitration shall be limited to
the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined
with any other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there
is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general
public or any other persons.
</p>
<p data-custom-class="heading_2">
<strong
>Exceptions to Informal Negotiations and
Arbitration</strong
>
</p>
<p data-custom-class="body_text">
The Parties agree that the following Disputes are not
subject to the above provisions concerning informal
negotiations and binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity
of, any of the intellectual property rights of a Party; (b)
any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court
of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
</p>
<p data-custom-class="heading_1">
<strong>CORRECTIONS</strong>
</p>
<p data-custom-class="body_text">
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
</p>
<p data-custom-class="heading_1">
<strong>DISCLAIMER</strong>
</p>
<p data-custom-class="body_text">
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE
MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF
ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL
PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE
BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF 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.
</p>
<p data-custom-class="heading_1">
<strong>LIMITATIONS OF LIABILITY</strong>
</p>
<p data-custom-class="body_text">
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS
OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID,
IF ANY, BY YOU TO US DURING THE SIX (6) MONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION
ARISING OR $1,000.00 USD. CERTAIN US STATE LAWS
AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
IN NO EVENT SHALL THE CURATORS OF THE UNIVERSITY OF MISSOURI,
ITS EMPLOYEES, AGENTS, AND AFFILIATES BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT,
INCLUDING NEGLIGENCE OR OTHERWISE, AND INCLUDING ECONOMIC DAMAGE
OR INJURY TO PROPERTY AND LOST PROFITS, ATTORNEYS' AND EXPERTS' FEES,
REGARDLESS OF WHETHER UNIVERSITY MAY BE ADVISED, MAY HAVE OTHER REASON TO KNOW,
OR IN FACT SHALL KNOW OF THE POSSIBILITY.
</p>
<p data-custom-class="heading_1">
<strong>INDEMNIFICATION</strong>
</p>
<p data-custom-class="body_text">
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1)
use of the Site; (2) breach of these Terms of Use; (3) any
breach of your representations and warranties set forth in
these Terms of Use; (4) your violation of the rights of a
third party, including but not limited to intellectual
property rights; or (5) any overt harmful act toward any
other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your
expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you
agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to
this indemnification upon becoming aware of it.
</p>
<p data-custom-class="heading_1">
<strong>USER DATA</strong>
</p>
<p data-custom-class="body_text">
We will maintain certain data that you transmit to the Site
for the purpose of managing the performance of the Site, as
well as data relating to your use of the Site. Although we
perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates
to any activity you have undertaken using the Site. You
agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right
of action against us arising from any such loss or
corruption of such data.
</p>
<p data-custom-class="heading_1">
<strong
>ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES</strong
>
</p>
<p data-custom-class="body_text">
Visiting the Site, sending us emails, and completing online
forms constitute electronic communications. You consent to
receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications
we provide to you electronically, via email and on the Site,
satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in
any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than
electronic means.
</p>
<p data-custom-class="heading_1">
<strong>CALIFORNIA USERS AND RESIDENTS</strong>
</p>
<p data-custom-class="body_text">
If any complaint with us is not satisfactorily resolved, you
can contact the Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer
Affairs in writing at 1625 North Market Blvd., Suite N 112,
Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
</p>
<p data-custom-class="heading_1">
<strong>MISCELLANEOUS</strong>
</p>
<p data-custom-class="body_text">
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or
provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a
provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture,
partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or use
of the Site. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them. You
hereby waive any and all defenses you may have based on the
electronic form of these Terms of Use and the lack of
signing by the parties hereto to execute these Terms of Use.
</p>
<p data-custom-class="body_text">__________</p>
<p data-custom-class="heading_1">
<strong>CONTACT US </strong>
</p>
<div>
<span data-custom-class="body_text">TigerAware, LLC</span>
</div>
<div>
<span data-custom-class="body_text">
William Morrison MBR</span
>
</div>
<div>
<span data-custom-class="body_text">
9666 Olive Blvd</span
>
</div>
<div>
<span data-custom-class="body_text"
>Saint Louis MO 63132</span
>
</div>
<div>
<span data-custom-class="body_text">United States</span>
</div>
</div>
<p data-custom-class="body_text">
<strong>[email protected]</strong>
</p>
<br><br><br><br>
<p>
These terms of use were created using <a
class="link"
href="https://termly.io/products/terms-and-conditions-generator/?ftseo"
>Termly’s Terms and Conditions Generator</a
>.
</p>
</div>
</div>
</div>
</div>
</div>
</div>
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