End-User License Agreement ("Agreement")

Last updated: June 28, 2024

Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using Assignar Web Portal.

Interpretation and Definitions

Interpretation

Words with initial capital letters have meanings defined under the following conditions. The following definitions apply regardless of whether they appear in singular or plural.

Definitions

• ​Agreement: This End-User License Agreement between You and the Company regarding the use of the Application.
• ​Application: The software program provided by the Company, downloaded by You through an Application Store’s account to a Device, named Assignar Web Portal.
• ​Application Store: The digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
• ​Company: Assignar, 3827 N Lafayette St., Suite 101 Denver CO 80202, referred to as “the Company”, “We”, “Us” or “Our”.
• ​Content: Content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• ​Country: Colorado, United States.
• ​Device: Any device that can access the Application such as a computer, cellphone, or digital tablet.
• ​Family Sharing / Family Group: Permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each others’ eligible Applications to their associated Devices.
• ​Third-Party Services: Any services or content (including data, information, applications and other products/services) provided by a third-party that may be displayed, included or made available by the Application.
• ​You: The individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

By clicking the “I Agree” button, downloading or using the Application, You agree to be bound by the terms and conditions of this Agreement. If You do not agree, do not click “I Agree”, download, or use the Application.

This Agreement is a legal document between You and the Company and governs your use of the Application. The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application strictly in accordance with this Agreement. You may only use the Application on a Device that You own or control and as permitted by the Application Store’s terms and conditions. The license is solely for your personal, non-commercial purposes.

License Restrictions

You agree not to, and will not permit others to:

• ​License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make it available to any third party.
• ​Copy or use the Application for any purpose other than as permitted under the License.
• ​Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
• ​Remove, alter or obscure any proprietary notice (including copyright or trademark) of the Company or its affiliates, partners, suppliers or licensors.

Content

Content Restrictions

The Company is not responsible for the entries, information or content of the Application’s users. You are solely responsible for the Content and all activity under your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples include, but are not limited to:

• ​Unlawful or promoting unlawful activity.
• ​Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• ​Spam, machine- or randomly-generated content, unauthorized or unsolicited advertising, chain letters, or any form of lottery or gambling.
• ​Content containing or installing viruses, worms, malware, trojan horses, or other content designed to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to obtain unauthorized access to any data or information of a third person.
• ​Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
• ​Impersonating any person or entity including the Company and its employees or representatives.
• ​Violating the privacy of any third person.
• ​False information and features.

The Company reserves the right, but not the obligation, to determine whether any Content is appropriate and complies with this Agreement, refuse or remove any Content, and make formatting and edits. The Company can also limit or revoke the use of the Application if You post objectionable Content.

As the Company cannot control all content posted by users and/or third parties, you agree to use the Application at your own risk. You may be exposed to content that you find offensive, indecent, incorrect or objectionable, and the Company will not be liable for any content or any loss or damage incurred as a result of your use of any content.

Intellectual Property

The Application, including all copyrights, patents, trademarks, trade secrets and other intellectual property rights, are and shall remain the sole and exclusive property of the Company.

The Company is not obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent required by law, the Company, not the Application Store, is responsible for investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company. The Company may use, copy, modify, publish, or redistribute the Suggestions for any purpose without credit or compensation to You.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

Updates to the Application

The Company may provide enhancements or improvements to the Application, which may include patches, bug fixes, updates, upgrades and other modifications. Updates may modify or delete certain features and/or functionalities. You agree that all updates or modifications will be deemed part of the Application and subject to this Agreement.

Maintenance and Support

The Company does not provide maintenance or support for the Application. To the extent required by law, the Company, not the Application Store, is obligated to furnish any such maintenance or support.

Third-Party Services

The Application may display, include or make available third-party content or provide links to third-party websites or services. The Company is not responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect. You must comply with applicable third-party terms when using the Application. Use of Third-party Services is at your own risk.

Privacy Statement

The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Statement. By accepting this Agreement, You agree and consent to the terms and conditions of Our Privacy Statement.

Term and Termination

This Agreement remains in effect until terminated by You or the Company. The Company may suspend or terminate this Agreement at any time and for any reason, with or without notice. This Agreement will terminate immediately if you fail to comply with any provision. You may terminate by deleting the Application and all copies from your Device. Upon termination, cease all use and delete all copies of the Application. Termination does not limit any of the Company’s rights or remedies at law or in equity in case of breach by You.

Indemnification

You agree to indemnify and hold the Company and its affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Application, violation of this Agreement or any law or regulation, or violation of any right of a third party.

No Warranties

The Application is provided “AS IS” and “AS AVAILABLE” with all faults and defects without warranty of any kind. To the maximum extent permitted by law, the Company disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. The Company does not warrant that the Application will meet your requirements, be compatible or work with other software, operate without interruption, or be error free. Some jurisdictions do not allow the exclusion of certain warranties, so some exclusions may not apply to You.

Limitation of Liability

The entire liability of the Company and its suppliers under any provision of this Agreement and your exclusive remedy shall be limited to the amount actually paid by You for the Application. To the maximum extent permitted by law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever, even if advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to You.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish its objectives to the greatest extent possible, and the remaining provisions will continue in full force and effect.

Waiver

Failure to exercise a right or require performance of an obligation under this Agreement does not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor does waiver of a breach constitute waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application. To the extent You have any claim arising from your use of the Application, the Company, not the Application Store, is responsible for addressing such claims, including product liability, failure to conform to legal or regulatory requirements, or claims under consumer protection laws.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country subject to a United States government embargo or designated as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to this Agreement

The Company reserves the right to modify or replace this Agreement at any time. If a revision is material, at least 30 days’ notice will be provided prior to new terms taking effect. By continuing to use the Application after revisions become effective, You agree to be bound by the revised terms. If You do not agree, you are no longer authorized to use the Application.

Governing Law

The laws of the Country, excluding its conflicts of law rules, govern this Agreement and your use of the Application. Your use may also be subject to other local, state, national, or international laws.

Entire Agreement

This Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior agreements. You may be subject to additional terms when You use or purchase other Company services.

Contact Us

If you have any questions about this Agreement, you can contact us by email: info@assignar.com