Using Conveyor Means Accepting these Terms
Participation in Beta Testing
The Service is currently in Beta Testing. We’re allowing You to use the Service so that we can get pre-release feedback on its quality and usability. Participating in Beta Testing is free, but We reserve the right to revoke Your participation at any time for any reason. We also reserve the right to end Beta Testing at any time. So that We can get the most out of Beta Testing, You agree that We may reach out to You by email or other mechanisms for feedback about the Service.
Precautions for use of the Service During Beta Testing
It’s Beta Testing folks. If the Service was in its final form, You’d be paying to use it, right? By using the Service during Beta Testing, You agree that any data that You create, store, use or change using the Service may be incapable of being restored or recovered. We therefore STRONGLY recommend that You back up all data and information created, stored, used or changed using the Service. The Service is not intended for use, and should not be used, in production or business-critical systems.
To beat a dead horse, it’s a beta test. We need Your input, feedback and information to improve the Service. You agree that Wildbit will be collecting, using, storing, processing and analyzing diagnostic, technical, and usage logs and information from Your use of the Service. You also agree that We may share, at our discretion, the information that We collect with our partners and third party developers for a variety of reasons, including to help improve the Service.
Accounts, Passwords, and Security
You must be a registered User to access the Service. You are responsible for keeping Your password secure, and You are solely and strictly liable for any activity that occurs under Your user name. You also agree not to access, or attempt to access, other User’s accounts and/or data – You wouldn’t want anyone doing that to You, right?
Acceptable Use and Conduct
You are solely responsible for Your data and for Your use of the Service. The Service may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable laws or regulations is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; and/or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. You also agree not to (i) use the Service in a manner to disable or damage the Site, or interfere with anyone else’s use of the Site, (ii) use any robot, spider or other automatic device with the Service or on the Site for any reason, (iii) introduce any viruses, Trojan horse, worms or other material that is malicious or harmful, or (iv) otherwise attempt to interfere with the proper working of the Site. Unauthorized and/or unacceptable use of the Service is a violation of these Terms, may result in Wildbit terminating Your account and may subject You to criminal and/or civil liability. So, follow the rules.
DISCLAIMER OF WARRANTIES
WE HAD TO MAKE THIS CONSPICUOUS BECAUSE OUR LAWYER SAID SO. THE SERVICE IS PROVIDED “AS IS” AND YOU USE IT AT YOUR OWN RISK. THE SERVICE MAY BE INCOMPLETE AND MAY CONTAIN ERRORS OR INACCURACIES THAT COULD CAUSE FAILURES, CORRUPTION AND/OR LOSS OF DATA OR INFORMATION.
WILDBIT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT.
WILDBIT DOES NOT WARRANT OR ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SERVICE OR YOUR ACCOUNT NOR DOES WILDBIT WARRANT OR ENSURE THE ACCURACY OF THE INFORMATION CONTAINED ON THE SITE OR RECEIVED FROM THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT BE ENTITLED TO MAKE ANY CLAIM BASED ON WILDBIT’S FAILURE, IRRESPECTIVE OF FAULT, TO PROVIDE ANY OF THE FOREGOING. LIKE WE SAID, YOU USE THE SERVICE AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, THE SERVICE IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. IF SOMEONE’S LIFE OR THE FATE OF THE FREE WORLD DEPENDS ON YOUR USE OF THE SERVICE, PLEASE DO NOT USE THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND, TO THAT EXTENT, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING DISCLAIMERS, WILDBIT DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.
Limitation of Liability
IN NO EVENT WILL WILDBIT BE LIABLE TO THE USER OR THIRD PARTIES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DATA AND/OR YOUR USE OF THE SERVICE AND/OR YOUR ACCOUNT, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE. THIS INCLUDES BUT IS NOT LIMITED TO DAMAGE TO YOUR HARDWARE, SOFTWARE, INFORMATION AND/OR DATA.
USER VOLUNTARILY ENGAGES IN THE ACTIVITY OF INTERNET USE AND BEARS THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR YOUR DATA THAT RESULTS FROM SUCH ACTIVITY. IN NO EVENT WILL WILDBIT HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORIZED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT.
WILDBIT’S LIABILITY IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT OF $50.00.
SOME JURISDICTIONS’ LAWS PROHIBIT THE FOREGOING LIMITATION OF LIABILITY PROVISION. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING PROVISION, WILDBIT’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
You agree to indemnify, defend and hold harmless Wildbit from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to Your data, Your use of the Service and/or any breach of these Terms by You. You further agree to defend, indemnify and hold harmless Wildbit from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related to any claims by third parties that Your data or Your use of the Service infringes upon, violates or misappropriates any of their intellectual property rights or discloses their proprietary information.
Termination of Service
We reserve the right to terminate Your account or the Service at any time and for any reason so long as permitted by law. Accordingly, We may, but have no obligation to, remove accounts and content containing what We determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. In the event of termination, You will lose all data related to Your Account. An account terminated by Wildbit will not be backed-up for any reason and will be immediately terminated from Wildbit’s servers. You may terminate Your account at any time.
Wildbit claims no intellectual property rights over the data You provide to the Service.
You acknowledge and agree that Wildbit owns all right, title and interest in and to the Service, including without limitation all intellectual property rights. You agree that You will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service. By permitting Your continued participation in our Beta Testing of the Service, Wildbit is granting you a personal, limited, non-transferrable license for testing and evaluation purposes only. This license does not grant you the right to use the Service for any other purpose and can be terminated by Wildbit for any reason at any time. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Special Admonitions for International Use
Recognizing the global nature of the Internet, You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Dispute Resolution by Arbitration
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) either of us may seek injunctive relief in state or federal court located in Philadelphia County, Pennsylvania concerning infringement, misappropriation or other violation by either of us of the other party's intellectual property rights, and (b) Wildbit may seek injunctive relief in state or federal court located in Philadelphia County, Pennsylvania concerning violation by a User of any of these Terms, and in both such cases (a) and (b), the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in Philadelphia, Pennsylvania, and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Choice of Law
You agree that all disputes related in any way to or arising from Your use of the Service shall be governed, without respect to conflict of law principles, by the laws of the Commonwealth of Pennsylvania.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Service must be filed within one (1) year after such claim or cause of action accrued or be forever barred.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.