Terms & Conditions

The Terms are a contract between you and Whatevo, LLC ("us", "we"), which is applicable when you use our web sites (including whatevo.com), services, mobile applications, products, and content provided by us, globally, in existence now or in the future, forever and ever ("Whatevo").

By accessing or using Whatevo, you agree to be bound to the Terms. That means that if you don't agree to these Terms, please don't use Whatevo.

We may update these Terms from time to time. If we make a significant change, the notice we provide will indicate when the change will be effective. If you continue to use Whatevo after the stated effective date, you will be deemed to have accepted the change.

Property we Own and Restrictions

Whatevo, LLC owns all rights to our logo, Whatevo, and our website, including any intellectual property rights related to them. You may not reuse, distribute, copy, or duplicate any part of Whatevo, including the Whatevo HTML/CSS, JavaScipt, logos, or visual design elements without express written permission from Whatevo.

Privacy

When you use Whatevo, you agree to the Whatevo Privacy Policy, which is incorporated into these Terms. Please read the Privacy Policy because it describes what information and data we collect and how we use it.

Security and Responsible Disclosures

We do our best to protect our service from security vulnerabilities, and to make Whatevo better. You can read about this in our Security Policy.

Other Stuff

You acknowledge and agree that Whatevo's servers and operations are in the United States. As a result, regardless of where you live, your Content is transferred to and stored in the United States, and you hereby consent to the transfer, processing, and storage of your Content in the United States.

Use Restrictions. The rights granted to you in these terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit Whatevo, whether in whole or in part, or any content displayed on Whatevo, (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of Whatevo, (c) you shall not access Whatevo in order to build a similar or competitive website or service, and (d) except as expressly stated herein, no part of Whatevo may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means.

No Warranty. WHATEVO AND ALL CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF WHATEVO IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVO IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WHATEVO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT WHATEVO OR CONTENT ON WHATEVO IS ACCURATE, RELIABLE OR CORRECT; THAT WHATEVO WILL MEET YOUR REQUIREMENTS; THAT WHATEVO WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT WHATEVO IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. These limitations may not apply if the jurisdiction in which you reside does not allow these exclusions.

You understand that Whatevo is not responsible or liable for, and you hereby release Whatevo, to the fullest extent allowed by applicable law from: (a) your interactions or disputes you have with other Whatevo users, whether those interactions are through Whatevo or in the real, physical world, (b) your own acts and omissions, and (c) your Content. If you are a California resident, you waive California Civil Code ยง 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHATEVO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHATEVO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM WHATEVO; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH WHATEVO; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHATEVO'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF WHATEVO (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO WHATEVO DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

Entire Terms. These terms and the rest of our legal terms constitute the entire agreement between you and us regarding the use of Whatevo. Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Whatevo's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Whatevo may assign the Terms at any time without restriction. The terms and conditions set forth in these terms shall be binding upon assignees.

These terms shall be governed by the laws of the state of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Whatevo has not adhered to these terms, please contact Whatevo by e-mail at hello@whatevo.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Whatevo are unable to reach a resolution to the dispute, you and Whatevo will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) in Boulder, Colorado. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. You and Whatevo agree that any arbitration will be limited to the dispute between Whatevo and you individually. You acknowledge and agree that you and Whatevo are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Whatevo otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.

Copyright & Trademark Information

Copyright © 2018, Whatevo, LLC. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the site and Service are our property or the property of other third parties. You are not permitted to use these Marks.


Updated on January 20, 2018