Terms Of Use
Last Updated: 10 April, 2023
REMORA APP—TERMS OF USE
These Terms of Use govern the use of Remora App (the “App” or “Remora App”) and any website that may be linked to it, which is made available to interested users without charge by Eckerd College (“Eckerd College” or “we,” “our,” or “us”). The Remora App allows users (“you” or “your”) to track how much you use—or refuse to use--plastic items such as take-out containers and snack wrappers. The Remora App is provided for informational and research purposes only. Commercial use is prohibited.
YOUR ACCEPTANCE OF THESE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE REMORA APP. THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN ECKERD COLLEGE AND YOU—THE PERSON WHO IS USING TH REMORA APP. THESE TERMS OF USE APPLY EACH TIME YOU ACCESS OR USE THE REMORA APP. YOUR USE OF THE REMORA APP INDICATES YOUR AGREEMENT TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES IN THE CURRENTLY POSTED TERMS OF USE. IF YOU ARE ACCESSING OR USING THE REMORA APP ON BEHALF OR AS THE REPRESENTATIVE OF A BUSINESS OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF SUCH ORGANIZATION AND YOURSELF, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to “you” and “your” in this Agreement refer to both the person using the Remora App and any organization on whose behalf the person is acting.IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE REMORA APP.
CHANGES TO THESE TERMS OF USE
Eckerd College reserves the right to change or modify these Terms of Use in our discretion at any time and we will notify you of material changes by posting the changed or modified Terms of Use on the Remora App. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided to us. You should check the Remora App regularly for any new changes. Your continued use of the Remora App following any changes to these Terms of Use will indicate your agreement to such changes. In addition, Eckerd College may post additional terms, conditions, rules, or requirements related to the Remora App or specific services and features available on the Remora App. These additional terms, conditions, rules, or requirements are incorporated by reference into these Terms of Use, and you agree to be bound by and subject to them. Eckerd College and its affiliated companies also may offer other services or features governed by different Terms of Use.
VIOLATION OF THESE TERMS OF USE
If you violate these Terms of Use, your authorization to use the Remora App automatically terminates. Eckerd College reserves right to deny access to the Remora App or any features of the Remora App to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our App or infringes the rights of others and we reserve the right to seek all remedies available in law and equity for such violations.
REGISTRATION AND SECURITY
As part of your usage of the Remora App, you may register an account by creating login credentials by providing your first name, last name, e-mail address, country, and selecting a password. Each account registration is for a single user. As a condition of your use of the Remora App, you are not allowed to share your account registration login credentials or provide your login credentials to anyone else. You are responsible for maintaining the confidentiality of your password. Please immediately notify us if you suspect or know of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password. See “How to Contact Us” below.
REMORA APP OWNERSHIP AND LIMITED RIGHT TO USE CONTENT
All right, title, and interest in the Remora App and all its software, materials, and rights displayed on, developed by, or associated with the Remora App (collectively “Content”) are owned or licensed by Eckerd College or its licensors and protected by copyright, trademark, and other intellectual property laws. You have no right, title or interest and no copyright, trademark, or other intellectual property right in or to the Remora App or any of the Content The Content includes, but is not limited to:All datasets developed from data submitted by users;All intellectual property rights including, patents, copyrights, trademarks, service marks, logos, and trade secrets; andAll materials such as text, images, logos, and communication tools.Eckerd College grants you permission to view and use the Content in connection with your normal and ordinary use of the Remora App and publicly available datasets. Otherwise, no Content may be copied, reproduced, republished, uploaded, posted, transmitted, posted, reverse engineered, or used to create any derivative works or “frame” or “mirror” of the Remora App, unless expressly authorized in writing by Eckerd College. Any such action is a violation of Eckerd College’s copyright and other proprietary rights and these Terms of Use. Any product, process or technology described on the Remora App may be the subject of other intellectual property rights reserved by Eckerd College or its affiliated companies and are not licensed hereunder. You may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Remora App or in the Content. Eckerd College cannot control and shall have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for your exposure and use of the Content.
PROHIBITED USES OF THE REMORA APP
As a condition of your use of the Remora App you agree that you will not use the Remora App or its Content including any e-mail or other communication function for any purpose that is unauthorized, unlawful, or prohibited by these Terms of Use. You will be responsible for any costs incurred by Eckerd College or any other party (including attorney’s fees) as a result of your misuse of the Remora App. Misuse includes, but is not limited to, using the Remora App or its functionality to:Send phishing or other emails under false pretenses including any attempt to acquire another person’s data such as passwords, financial details, and government identification numbers or other communications that conceal or falsify your identity.Send viruses, worms, defects, Trojan horses, corrupted files, or any other software or programs of a malicious or deceptive nature or that cause damage to computers or property of others.Disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images, or materials; or defame, harass, stalk, threaten or otherwise violate the legal rights of others.Interfere unreasonably with its access or use by others or the communications of other users.Conduct unsolicited commercial communications, bulk emails, or unauthorized, or unlawful activity.Infringe copyright, trademark, patent, trade secret or other proprietary right of any party.Cause an unreasonable or disproportionately large load on the Remora App infrastructure.
PRIVACY POLICY
The privacy and personal data protection practices applicable to the Remora App are described in the Remora App Privacy Policy, located here and incorporated by reference in these Terms of Use.
AGE REQUIREMENT
By using the Remora App, you certify that you are at least 13 years of age or older.
YOUR COMPLIANCE WITH LAWS AND REGULATIONS
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Remora App and its content as well as the release of information to and the retrieval of information from the Remora App. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information related to your use of the Remora App, as applicable, to any applicable governmental agencies, all without liability to us. Without limiting the foregoing rights, you consent and agree that Eckerd College may access, preserve and disclose your information and any submission if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary for legitimate business purposes, including, without limitation, to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that violate the rights of third parties; or (d) to protect the rights, property or personal safety of Eckerd College, its users and members, and/or the public. Eckerd College reserves the right and has absolute discretion to enforce the Terms of Use.
TERMINATION
We may terminate or suspend access to the Remora App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.
INDEMNIFICATION
You agree to indemnify, save, defend, reimburse and hold harmless Eckerd College, its officers, directors, members, partners, employees, and representatives from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), resulting from: (a) your use of the Remora App; (b) your breach of any provision of these Terms of Use; and/or (c) your violation of any rights of another, whether by action or omission, in connection with the Remora App.
DISCLAIMER OF WARRANTIES
YOU USE THE APP AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. COMPANY PROVIDES THE APP AND ALL INFORMATION, CONTENT, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE APP OR ANY INFORMATION, CONTENT, AND/OR SERVICES PROVIDED OR MADE AVAILABLE ON OR BY MEANS OF THE APP OR THE AVAILABILITY OF THE APP ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE APP. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, COMPANY DOES NOT WARRANT THAT THE APP OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE APP OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE APP MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE APP AND THE INFORMATION, CONTENT, REQUEST SUBMISSION FORMS AND EXPERIENCES PROVIDED THROUGH THE APP. COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY COMPANY. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, COMPANY’S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.
AVAILABILITY OF SERVICES
The Remora App may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of the Remora App, including certain features and the support for certain devices and platforms, at any time.
SYSTEM COMPATIBILITY
You acknowledge and agree that Eckerd College is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Remora App, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Remora App and/or its features.
SERVICE PROVIDER CHARGES
You are responsible for any mobile or data charges that you may incur form your service provider. Please consult with your service provider for any information about mobile or data charges you may incur.
GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by and construed and enforced in accordance with the internal substantive laws of the State of Florida, without regard to its conflicts of laws principles. All disputes arising out of or with respect to these Terms of Use or the Remora App shall be heard exclusively in the courts, state and Federal, located in the city of St. Petersburg, Florida and you hereby consent to the jurisdiction and venue of such courts. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law, or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred.
GEOGRAPHIC RESTRICTION
Eckerd College is based in the United States. We provide the Remora App for use only by persons located in the United States. We make no claims that the Remora App or any of its Content is accessible or appropriate outside of the United States. Access to the Remora App may not be legal by certain persons or in certain countries. If you access the Remora App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
MISCELLANEOUS
Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, our Privacy Policy, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
HOW TO CONTACT US
If you have any questions, complaints or claims with respect to the Remora App or these Terms of Use, you can contact us at admin@getremora.org
REMORA APP—TERMS OF USE
These Terms of Use govern the use of Remora App (the “App” or “Remora App”) and any website that may be linked to it, which is made available to interested users without charge by Eckerd College (“Eckerd College” or “we,” “our,” or “us”). The Remora App allows users (“you” or “your”) to track how much you use—or refuse to use--plastic items such as take-out containers and snack wrappers. The Remora App is provided for informational and research purposes only. Commercial use is prohibited.
YOUR ACCEPTANCE OF THESE TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE REMORA APP. THESE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN ECKERD COLLEGE AND YOU—THE PERSON WHO IS USING TH REMORA APP. THESE TERMS OF USE APPLY EACH TIME YOU ACCESS OR USE THE REMORA APP. YOUR USE OF THE REMORA APP INDICATES YOUR AGREEMENT TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES IN THE CURRENTLY POSTED TERMS OF USE. IF YOU ARE ACCESSING OR USING THE REMORA APP ON BEHALF OR AS THE REPRESENTATIVE OF A BUSINESS OR OTHER ORGANIZATION, THEN YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF SUCH ORGANIZATION AND YOURSELF, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. References to “you” and “your” in this Agreement refer to both the person using the Remora App and any organization on whose behalf the person is acting.IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE REMORA APP.
CHANGES TO THESE TERMS OF USE
Eckerd College reserves the right to change or modify these Terms of Use in our discretion at any time and we will notify you of material changes by posting the changed or modified Terms of Use on the Remora App. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided to us. You should check the Remora App regularly for any new changes. Your continued use of the Remora App following any changes to these Terms of Use will indicate your agreement to such changes. In addition, Eckerd College may post additional terms, conditions, rules, or requirements related to the Remora App or specific services and features available on the Remora App. These additional terms, conditions, rules, or requirements are incorporated by reference into these Terms of Use, and you agree to be bound by and subject to them. Eckerd College and its affiliated companies also may offer other services or features governed by different Terms of Use.
VIOLATION OF THESE TERMS OF USE
If you violate these Terms of Use, your authorization to use the Remora App automatically terminates. Eckerd College reserves right to deny access to the Remora App or any features of the Remora App to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our App or infringes the rights of others and we reserve the right to seek all remedies available in law and equity for such violations.
REGISTRATION AND SECURITY
As part of your usage of the Remora App, you may register an account by creating login credentials by providing your first name, last name, e-mail address, country, and selecting a password. Each account registration is for a single user. As a condition of your use of the Remora App, you are not allowed to share your account registration login credentials or provide your login credentials to anyone else. You are responsible for maintaining the confidentiality of your password. Please immediately notify us if you suspect or know of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password. See “How to Contact Us” below.
REMORA APP OWNERSHIP AND LIMITED RIGHT TO USE CONTENT
All right, title, and interest in the Remora App and all its software, materials, and rights displayed on, developed by, or associated with the Remora App (collectively “Content”) are owned or licensed by Eckerd College or its licensors and protected by copyright, trademark, and other intellectual property laws. You have no right, title or interest and no copyright, trademark, or other intellectual property right in or to the Remora App or any of the Content The Content includes, but is not limited to:All datasets developed from data submitted by users;All intellectual property rights including, patents, copyrights, trademarks, service marks, logos, and trade secrets; andAll materials such as text, images, logos, and communication tools.Eckerd College grants you permission to view and use the Content in connection with your normal and ordinary use of the Remora App and publicly available datasets. Otherwise, no Content may be copied, reproduced, republished, uploaded, posted, transmitted, posted, reverse engineered, or used to create any derivative works or “frame” or “mirror” of the Remora App, unless expressly authorized in writing by Eckerd College. Any such action is a violation of Eckerd College’s copyright and other proprietary rights and these Terms of Use. Any product, process or technology described on the Remora App may be the subject of other intellectual property rights reserved by Eckerd College or its affiliated companies and are not licensed hereunder. You may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Remora App or in the Content. Eckerd College cannot control and shall have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for your exposure and use of the Content.
PROHIBITED USES OF THE REMORA APP
As a condition of your use of the Remora App you agree that you will not use the Remora App or its Content including any e-mail or other communication function for any purpose that is unauthorized, unlawful, or prohibited by these Terms of Use. You will be responsible for any costs incurred by Eckerd College or any other party (including attorney’s fees) as a result of your misuse of the Remora App. Misuse includes, but is not limited to, using the Remora App or its functionality to:Send phishing or other emails under false pretenses including any attempt to acquire another person’s data such as passwords, financial details, and government identification numbers or other communications that conceal or falsify your identity.Send viruses, worms, defects, Trojan horses, corrupted files, or any other software or programs of a malicious or deceptive nature or that cause damage to computers or property of others.Disseminate or convey inappropriate, defamatory, obscene, salacious, or unlawful information, images, or materials; or defame, harass, stalk, threaten or otherwise violate the legal rights of others.Interfere unreasonably with its access or use by others or the communications of other users.Conduct unsolicited commercial communications, bulk emails, or unauthorized, or unlawful activity.Infringe copyright, trademark, patent, trade secret or other proprietary right of any party.Cause an unreasonable or disproportionately large load on the Remora App infrastructure.
PRIVACY POLICY
The privacy and personal data protection practices applicable to the Remora App are described in the Remora App Privacy Policy, located here and incorporated by reference in these Terms of Use.
AGE REQUIREMENT
By using the Remora App, you certify that you are at least 13 years of age or older.
YOUR COMPLIANCE WITH LAWS AND REGULATIONS
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Remora App and its content as well as the release of information to and the retrieval of information from the Remora App. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information related to your use of the Remora App, as applicable, to any applicable governmental agencies, all without liability to us. Without limiting the foregoing rights, you consent and agree that Eckerd College may access, preserve and disclose your information and any submission if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary for legitimate business purposes, including, without limitation, to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that violate the rights of third parties; or (d) to protect the rights, property or personal safety of Eckerd College, its users and members, and/or the public. Eckerd College reserves the right and has absolute discretion to enforce the Terms of Use.
TERMINATION
We may terminate or suspend access to the Remora App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Use.
INDEMNIFICATION
You agree to indemnify, save, defend, reimburse and hold harmless Eckerd College, its officers, directors, members, partners, employees, and representatives from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), resulting from: (a) your use of the Remora App; (b) your breach of any provision of these Terms of Use; and/or (c) your violation of any rights of another, whether by action or omission, in connection with the Remora App.
DISCLAIMER OF WARRANTIES
YOU USE THE APP AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. COMPANY PROVIDES THE APP AND ALL INFORMATION, CONTENT, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE APP OR ANY INFORMATION, CONTENT, AND/OR SERVICES PROVIDED OR MADE AVAILABLE ON OR BY MEANS OF THE APP OR THE AVAILABILITY OF THE APP ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE APP. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, COMPANY DOES NOT WARRANT THAT THE APP OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR FREE OF ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE APP OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE APP MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, ITS SUBSIDIARIES, ITS AFFILIATES, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS, SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE APP AND THE INFORMATION, CONTENT, REQUEST SUBMISSION FORMS AND EXPERIENCES PROVIDED THROUGH THE APP. COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE APP, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY COMPANY. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, COMPANY’S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.
AVAILABILITY OF SERVICES
The Remora App may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of the Remora App, including certain features and the support for certain devices and platforms, at any time.
SYSTEM COMPATIBILITY
You acknowledge and agree that Eckerd College is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Remora App, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Remora App and/or its features.
SERVICE PROVIDER CHARGES
You are responsible for any mobile or data charges that you may incur form your service provider. Please consult with your service provider for any information about mobile or data charges you may incur.
GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by and construed and enforced in accordance with the internal substantive laws of the State of Florida, without regard to its conflicts of laws principles. All disputes arising out of or with respect to these Terms of Use or the Remora App shall be heard exclusively in the courts, state and Federal, located in the city of St. Petersburg, Florida and you hereby consent to the jurisdiction and venue of such courts. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law, or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred.
GEOGRAPHIC RESTRICTION
Eckerd College is based in the United States. We provide the Remora App for use only by persons located in the United States. We make no claims that the Remora App or any of its Content is accessible or appropriate outside of the United States. Access to the Remora App may not be legal by certain persons or in certain countries. If you access the Remora App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
MISCELLANEOUS
Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, our Privacy Policy, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
HOW TO CONTACT US
If you have any questions, complaints or claims with respect to the Remora App or these Terms of Use, you can contact us at admin@getremora.org
