Last Updated: January 23, 2023
Consent and Use of the App and Services
By visiting, using, ordering, subscribing, or logging into the website at www.movewithsle.com, related subdomains (the “Site”), and the related Slé mobile applications (together with the Site, the “App”) and related Services (defined below), you agree to the terms and conditions of these Terms, governing your access to and use of the App and, if applicable, the Services, including but not limited to your agreement to arbitrate disputes relating to the App and/or the Services.
If you are entering into these Terms on behalf of a party that is a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms “you” or “your” shall refer to such entity. These Terms are effective as of the date you accept these Terms by accessing the App and/or Services (“Effective Date”).
IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE SERVICE TERMS, YOU (AND THE ENTITY ON WHOSE BEHALF YOU ARE SEEKING TO ENTER INTO THESE SERVICE TERMS) MAY NOT USE THE SITE AND/OR SERVICES.
- “Confidential Information” means the Content (defined below) and any information, technical data, or know-how considered proprietary or confidential by either party to these Terms including, but not limited to, either party’s research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, procedures, menu concepts, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of these Terms, either directly or indirectly in any form whatsoever, including in writing, orally, machine-readable form or through access to either party’s premises.
- “Content” means any information, text, images, or logos that Subscriber uploads or posts to the Services, and any information provided by Subscriber to Slé in connection with the Services.
- “Fees” means any charges or fees for the Services, as more specifically provided when you subscribe to Services or any change request with respect to the Services.
- “Services” means the software, apps, platform, and/or services provided by Slé through the App.
- “Subscriber” shall refer to the purchaser of the Services provided by Slé that is entering into these Terms, and shall also include any present or former agent, representative, independent contractor, employee, servant, attorney and any entity or person who had authority to act on behalf of Subscriber.
- “Security Emergency” means a violation by Subscriber or Visitor, of these Terms that (i) could disrupt (A) Slé’s provision of the Services; (B) the business of other subscribers to the Services; or (C) the network or servers used to provide the Services; or (ii) provides unauthorized third party access to the Services.
- “You” or “your” means you as a Visitor or Subscriber.
- “Visitor” means an individual or legal entity that visits the App.
Limited License & Use of the Services
Slé hereby grants to Subscriber and Visitors, a non-exclusive, non-transferable, limited, revocable, worldwide right to download, install, and use the App and, if applicable, the Services, solely for their own internal, non-commercial purposes, subject to the provisions of these Terms. All rights not expressly granted to You are reserved by Slé and its licensors. In addition, you shall not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the App or the Services in any way;
- modify or make derivative works based upon the App;
- embed the App as a frame from within another website or application;
- access the App or the Services for purposes of monitoring its availability, performance, functionality, or for any other benchmarking;
- reverse engineer or access the App in order to (i) build a competitive product or service, (ii) build a product using ideas, features, functions, or graphics that are similar to those related to the App, or (iii) copy any ideas, features, functions or graphics of the App;
- send to or store on the App any material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity, security or performance of the App or the data contained therein, or Slé’s servers or networks, including, without limitation, by means of submitting a virus to the App, overloading, “flooding,” “spamming,” “mail bombing” or “crashing” or “DDoS” attacks;
- attempt to gain unauthorized access to the App or its related systems or networks;
- take any action that imposes an unreasonably or disproportionately large load on Slé’s infrastructure;
- use the App or the Services for any unlawful purpose;
- violate any local, provincial, state, federal or international rules, regulations, laws or ordinances using the App or the Services;
- provide any information to Slé that is false or misleading, that attempts to conceal your identity or that you do not have the right to disclose; or
- solicit others to perform or participate in any of the foregoing actions.
Slé shall be entitled to adjust the scope of the App, the Services and the underlying technical infrastructure to reflect the continuing development of the App, the Services and technical advances.
Subscriber grants to Slé a non-exclusive, royalty-free right during their use of the Services, to use the Confidential Information for the sole purpose of performing Slé’s obligations under and in accordance with these Terms. Such rights shall include permission for Slé to generate and publish aggregate, anonymized reports on system usage and Content trends and type, during and beyond the term of these Terms, provided they do not conflict with the section entitled Confidentiality.
Access to the Services
- Subscriber is only permitted to access and use the Services once Subscriber registers as a Subscriber on the App. Subscriber is required to provide their full legal name, a valid email address, and any other information reasonably requested by Slé.
- Subscriber will choose or be provided with a unique identifier to access and use the Services (“Username”). Each Username shall only be used by the applicable Subscriber, and shall not be shared with, or used by any other person, including other Subscribers or Visitors.
- As between Slé and the Subscriber, any Content uploaded or posted to the Services remains the property of the Subscriber who uploaded or posted it. Upon the cancellation or termination of the Services, Slé shall only be responsible for the return of Content directly to the Subscriber.
- All access to and use of the Services via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Services is strictly prohibited.
- We reserve the right to deny registration of any account or Username at our discretion.
Subscriber is responsible for all of Subscriber’s activity on the App and for all activity occurring under Subscriber’s account, and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Subscriber’s use of the App and the Services, including those related to data privacy, international communications and the transmission of technical or personal data.
Subscriber is solely responsible for all Content provided to the App in connection with Subscriber’s use of the App and Services. Slé does not own any Content provided hereunder, provided that Subscriber hereby grants to Slé a worldwide, royalty-free, non-exclusive, sublicensable right to use, reproduce, create derivative works of, distribute, perform, transmit and publish all Content for the purpose of providing the App and the Services.
In the course of Subscriber’s use of the App or the Services, we may ask Subscriber for certain information, including Subscriber’s name, email address, phone number, mailing address, billing address, shipping address, and payment card information (collectively, “Account Information”). If Subscriber opens an account or commences any transaction of business at or on the App, Subscriber may be required to complete the registration process by providing certain additional information and registering a Username and password. Subscriber’s Account Information must be up-to-date and accurate at all times. Should any such Account Information change, Subscriber must update it in Subscriber’s user profile. Subscriber agrees that Subscriber is solely responsible for the accuracy and content of Subscriber’s Account Information.
Password and Security
Subscriber is responsible for maintaining the confidentiality of their Username and password and also for all activities that take place under their Username and/or account.
Consistent with and without limiting the scope of provisions limiting liability elsewhere in these Terms, in no event will Slé be liable for any indirect or consequential loss or damage of any kind whatsoever resulting from the disclosure of Subscriber’s Username and/or password or their failure to comply with this section.
Subscriber shall: (a) notify Slé immediately of any unauthorized use of any password or account used for access to the App or the Services, or any other known or suspected breach of security related to the App or the Services; (b) not provide false identity information to gain access to or use the App or the Services; (c) not use the App or the Services to defame, abuse, harass, threaten or otherwise violate the legal right of others; (d) not publish, post, upload, email, distribute or disseminate any defamatory, misleading, infringing or unlawful content; and (e) not collect, store or transmit personal information about individuals or any information that is subject to applicable privacy laws or regulations.
Payment, Refunds, and Subscription Changes
You must provide us with valid credit card, ACH, or other approved payment information as a condition to signing up for the Services, such as those required by the app store through which you obtain the App.
Subscriber will be charged upon the expiration of any applicable free trial period. Services cancelled prior to the expiration of any trial period, will not be charged except as otherwise stated at the time of your purchase. The Fees will be billed on a monthly basis and payable in advance. All Fees are exclusive of all federal, state, provincial, municipal, or other taxes which Subscriber agrees to pay based on where the Subscriber is located. In the event of updated tax rates, Slé will apply the new tax rate without notice to Subscriber. All Fees are final and non-refundable.
If Slé has the legal obligation to pay or collect taxes for which Subscriber is responsible under this section, the appropriate amount shall be charged to and paid by Subscriber, unless Subscriber provides Slé with a valid tax exemption certificate authorized by the appropriate taxing authority. Any and all payments by or on account of the compensation payable under these Terms shall be made free and clear of and without deduction or withholding for any taxes.
The amount charged on the next billing cycle will be automatically updated to reflect any changes to the Services, including upgrades or downgrades, and including the addition or removal of discounts included for the purchase of suite Services. Adding Services may trigger prorated charges in the current billing cycle. Subscriber authorizes Slé to apply updated charge amounts. Changes to the requested Services may result in loss of access to Content, features or certain of the Services, or an increase or reduction in the amount of available capacity for Content provided by the Services.
Subscription Cancellation and Termination
Subscriber may cancel any subscription through the App. For security reasons, cancellations shall only be performed by the Subscriber. Subscriber may be directed to call support to complete the cancellation. Cancellations shall not be accepted by any other means.
Slé in its sole discretion has the right to suspend or discontinue providing the Services to any Subscriber without notice for actions that are (a) in violation of these Terms and (b) create a Security Emergency.
Representations & Warranties
Subscriber and agents, employees, or contractors acting on behalf of Subscriber or Visitor, in entering into these Terms, each individually represents and warrants that they have the legal power and authority to enter into these Terms and that they (a) are an individual who is at least 16 years of age and, if under the age required to create contracts in your jurisdiction, have parental or guardian consent to use the App or Services; (b) have not falsely identified themselves nor provided any false information to gain access to the App or Services; (c) will provide current, complete and accurate payment and Account Information in connection with their use of the App or Services; and (d) will promptly update Account Information and other Subscriber information, including but not limited to Subscriber’s email address and credit card information, so that Slé may facilitate Subscriber’s requested Services and contact Subscriber as needed.
Each party agrees to treat all Confidential Information as confidential and not to use or disclose such Confidential Information except as necessary to perform its obligations under these Terms.
Slé and any third party vendors and hosting partners it utilizes to provide the Services shall hold Content in strict confidence and shall not use or disclose Content except (a) as required to perform their obligations under these Terms; (b) in compliance with the section entitled “Legal Compliance,” or (c) as otherwise authorized by Subscriber in writing.
Slé endeavors to protect the Confidential Information to the extent the law allows. Slé reserves the right to provide the Confidential Information to third parties as required and permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter.
If Slé is required by law to make any disclosure of the Confidential Information that is prohibited or otherwise constrained by these Terms, then Slé will provide you with prompt written notice (to the extent permitted by law) prior to such disclosure so that you may seek a protective order or other appropriate relief. Subject to the foregoing sentence, Slé may furnish that portion (and only that portion) of the Confidential Information that it is legally compelled or otherwise legally required to disclose.
Slé represents and warrants that it will provide the App and perform the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof. Slé will use commercially reasonable efforts to cause the App to be available twenty-four (24) hours per day, seven (7) days a week, three hundred and sixty-five (365) days per year, outside of scheduled downtime for maintenance and upgrades and extraordinary circumstances or causes beyond our control (such as fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, labor difficulties, generalized internet interruptions (through denial of service, worms, telecommunications problems or the like)) but does not guarantee, represent or warrant such availability. Slé, from time to time, may make enhancements or upgrades to the App and/or Services which result in the App and/or Services being unavailable, which Slé shall take reasonable steps to schedule so as to minimize the unavailability of the App and/or Services and user inconvenience.
THE SITE AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SLÉ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Integrations, Third Party Links
The Services may link to or otherwise allow Subscribers to access or use or integrate with third party providers of products and services (“Third Party Services”). Such Third Party Services are not “Services” under these Terms and are not subject to any provisions related to the Services, including related warranties, indemnities, service commitments or other obligations. The availability of any Third Party Services through the Services does not imply Slé’s endorsement of or affiliation with the provider. Access to and use of any Third Party Services are subject to the separate terms and conditions required by the providers of the Third Party Services. Slé does not control the Third Party Services and will have no liability to Subscriber in connection with any Third Party Service. Slé has no obligation to monitor or maintain any Third Party Service and may replace, disable, or restrict access to any Third Party Service or cancel related integrations at any time, without notice. The calculation of downtime of the App, if any, does not include the unavailability of any integration to a Third Party Service.
If a Third Party Service is enabled for Subscriber’s account, please be mindful of any Account Information or Content that will be shared with the third party provider and the purposes for which the provider requires access. We will not be responsible for any use, disclosure, modification or deletion of Account Information or Content that is transmitted to, or accessed by, a Third Party Service.
BY USING OR ENABLING ANY THIRD PARTY SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT ANY LIABILITY AND REMEDIES RELATED TO A THIRD PARTY SERVICE IS WHOLLY GOVERNED BY THE APPLICABLE THIRD PARTY AGREEMENT AND SLÉ DISCLAIMS ALL LIABILITY RELATED TO SUCH THIRD PARTY SERVICE.
Disclaimer of Warranties
SLÉ AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, THE SERVICES OR ANY CONTENT. SLÉ AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE OR THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE OR THE SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, LEADS OR OTHER MATERIAL PURCHASED OR OBTAINED BY SUBSCRIBER THROUGH THE SITE OR THE SERVICES WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVERS THAT MAKE THE SITE AND THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SITE AND ALL CONTENT IS PROVIDED TO SUBSCRIBER STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SLÉ AND ITS LICENSORS. Slé makes no representation or warranty regarding ANY transactions sought to be effected through YOUR use of the App or the services.
Limitation of Liability
Except in the case of a violation by Slé of its obligations under the sections entitled “Confidentiality” and except as provided in the section entitled “Indemnification by Slé”, Slé shall not be liable for, and each Subscriber and Visitor waives the right to claim any loss, injury, claim, liability or damage of any kind resulting in any way from the Services provided to such party by Slé.
IN NO EVENT SHALL SLÉ’S AGGREGATE LIABILITY PURSUANT TO THESE SERVICE TERMS EXCEED THE FEES ACTUALLY PAID BY SUBSCRIBER TO SLÉ IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM OR IN THE CASE OF A VISITOR OR OTHER PARTY, $1,000.00. EXCEPT IN CONNECTION WITH ITS INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL SLÉ AND/OR ITS LICENSORS BE LIABLE UNDER THESE TERMS TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE OR THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF SLÉ OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You are solely be responsible for any damage and/or loss of Content contained in your technology which occurs as a result of your electronic equipment and/or your computer system.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Indemnification by Slé
Slé shall defend, indemnify, and hold Subscriber harmless against any loss, damage, or costs (including reasonable attorneys’ fees) in connection with claims, demands, suits, or proceedings made or brought against Subscriber by a third party alleging that the Services, or use of the Services as contemplated hereunder, infringes a copyright, a U.S. patent issued as of the date of final execution of these Terms, or a trademark of a third party or involves the misappropriation of any trade secret of a third party (each, a “Third Party Claim”); provided, however, that Subscriber:
(a) promptly give written notice of the Third Party Claim to Slé, and in no event later than five (5) days after learning of the Third Party Claim (provided, however, that the failure to so notify shall not relieve Slé of its indemnification obligations unless Slé can show that it was materially prejudiced by such delay and then only to the extent of such prejudice);
(b) give Slé sole control of the defense and settlement of the Third Party Claim (provided that Slé may not settle any Third Party Claim unless it unconditionally releases Subscriber of all liability); and
(c) provide to Slé, at Slé’s cost, all reasonable assistance.
Slé shall not be required to indemnify Subscriber in the event of: (i) modification of the Services by Subscriber in conflict with their obligations or as a result of any prohibited activity as set forth herein to the extent that the infringement or misappropriation would not have occurred but for such modification; (ii) use of the Services in combination with any other product or service not provided by Slé to the extent that the infringement or misappropriation would not have occurred but for such use; or (iii) use of the Services in a manner not otherwise contemplated by these Terms to the extent that the infringement or misappropriation would not have occurred but for such use.
Release and Indemnification
In the event you have a dispute with one or more Visitors or Subscribers of the App or the Services (including, but not limited to, any dispute regarding any survey, user generated Content, or other results of using the Services) or any third party website or service that may be linked to or otherwise interact with the App, including, without limitation, any social media website, application, or service, Subscriber hereby agrees to release and forever discharges Slé and its agents, directors, shareholders, members, partners, managers, officers, employees, information providers, suppliers, distributors, vendors, attorneys and affiliates (collectively, the “released parties”) from any and all rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the App and/or the Services, to the fullest extent permitted by law.
You further agrees to indemnify, defend and hold harmless, to the fullest extent permitted by law, the released parties from and against all claims, demands, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from, arising out of or in connection with your use, unlawful use or other misuse, or inability to use the App or the Services, your breach of these Terms, or otherwise relating to the business we conduct on the App (including, without limitation, any potential or actual communication, transaction or dispute between Subscriber and any other third party), any Content or Confidential Information posted by Subscriber or on your behalf to the App or Services, any use of any service provided by a third party provider, or any use of a service offered by us that interacts with a third party website or application, including any social media site or other communications platform (each, an “Indemnifiable Claim”). Subscriber shall cooperate as fully as reasonably required in the defense of any Indemnifiable Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any Indemnifiable Claim, and Subscriber shall not settle any Indemnifiable Claim without our written consent. This section survives termination of these Terms.
Choice of Law, Arbitration, and Venue
These Terms and any claim or controversy relating to or arising from the use of the App or the Services, including, but not limited to, any transactions made or entered into at the App or the Services, any information, content, products, services or promotions herein contained or provided from the App or the Services, or any functionality, software or programming contained or provided at or from the App or the Services (hereafter, “Claims”), shall be governed by the laws of the Commonwealth of Massachusetts, without regard to principles of conflicts of law and, as applicable, the laws of the United States of America.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES, OR THE CAUSE OF ACTION OR CLAIM SHALL BE FOREVER BARRED.
YOU AGREE TO ARBITRATE ANY AND ALL CLAIMS, INCLUDING ALL STATUTORY CLAIMS, AND ANY STATE OR FEDERAL CLAIMS. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE OR THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in County of Suffolk, Commonwealth of Massachusetts. For more information on JAMS and/or the rules of JAMS, visit http://www.jamsadr.com. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR AND, TO THE EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES (A) ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL, ENHANCED, INDIRECT OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND (B) ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, shall be conducted in the courts in and for the County of Suffolk, Commonwealth of Massachusetts or, where applicable, the federal District Court sitting in the County of Suffolk, Commonwealth of Massachusetts. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal court located in County of Suffolk, Commonwealth of Massachusetts. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
By using the App or THE Services in any manner, you agree to the terms of the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and Slé. You also give up your right to participate in a class action or other class proceeding.
Copyright/ DMCA Notice and Procedure
If you believe that your work was copied or posted on our App in a way that constitutes copyright infringement, please contact our designated Copyright Agent:
DMCA Agent, 53 Robeson Street, Boston, MA 02130, email@example.com
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content is infringing.
- Account Termination
The Company may, in appropriate circumstances, terminate an account holder or user of the App or the Services if they are a repeat infringer. If you believe that an account holder or user is a repeat infringer, please follow the instructions above to contact the Company’s DMCA Copyright Agent and provide information sufficient for Slé to verify that the account holder or user is a repeat infringer.
- Headings. Headings in these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the applicable section to which such heading applies.
- Waiver. The failure of either party to enforce any provision of these Terms shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
- Severability. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision will be deemed severed from these Terms and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of these Terms.
- Local Laws and Export Control. The App provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of other applicable countries. Subscriber acknowledges and agrees that the App shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States or any other applicable country maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the App, Subscriber represents and warrants that Subscriber is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. Subscriber agrees to comply strictly with all U.S. and other applicable export laws and to assume sole responsibility for obtaining licenses to export or re-export as may be required. Slé and its licensors make no representation that the App is appropriate or available for use in other locations. If Subscriber uses the App from outside the United States of America, Subscriber is solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries.
- Security. You acknowledge the risk that information and the Content stored and transmitted electronically through the Services may be intercepted by third parties. You agree to accept that risk and will not hold Slé liable for any loss, damage, or injury resulting from the interception of information. The Content is stored securely and encrypted. Only Slé, with strict business reasons, may access and transfer the Content and only to provide Subscriber with the Services.
- Third Party Services. You acknowledges and agrees that Slé may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the App and the Services.
- Relationship. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchise-franchisee relationship of any kind between Slé and you or any other person or entity.
- Third Party Links The App may include links to other Internet sites maintained by third parties (“Linked Sites”). The Company provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by the Company of the Linked Sites. Your access Linked Sites at your own risk, and by accessing them, you leave the App. Linked Sites are not under the control of the Company and the Company is not responsible for the content of any Linked Sites.
- Assignment; Change in Control. These Terms may not be assigned by you without the prior written approval of Slé but may be assigned without your consent by Slé to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger, consolidation, stock sale or similar. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of Subscriber that results or would result in a direct competitor of Slé directly or indirectly owning or controlling 50% or more of Subscriber shall entitle Slé to terminate these Terms and Subscriber’s account immediately.
- Call Monitoring and Recording. For quality assurance, Slé may record and/or monitor incoming calls to, and outgoing calls from, Slé. By accepting these Terms, Subscriber also consent to any and all call recording and monitoring performed by Slé or its agents, employees and/or affiliates.
- Notice. Slé may give notice by means of an electronic mail to your e-mail address on record in Slé’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Slé’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Slé (such notice shall be deemed given when received by Slé) at any time by letter to Slé delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Slé, in either case, addressed to:
Slé Corporation, 53 Robeson Street, Boston, MA 02130
Questions or Additional Information
If you have questions regarding these Terms or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org.