Terms Of Use
This is an Agreement between you as the User(s) of the Website (the “User(s)”) and AnyGPS. User(s) are required to read and accept the Agreement, before User(s) may use the Website. By visiting/accessing/using the Website, we understand that you have fully read, understood and accepted the Agreement. In addition, when you use any current or future version of the Website, it will constitute a symbol of your signature, You hereby acknowledge and admit that you have read, understood and agreed to the Agreement, as may be modified by the AnyGPS from time to time. Any amendments or variations thereto shall take effect from their date of publication on the Website. The term “we”, “us”, “our” shall mean AnyGPS and the term “you”, “your”, “User”, shall mean User(s).
1. Website Purpose
1. AnyGPS merely provides an online venue for Users to know about our services and AnyGPS is not providing services purchased by the User(s) via the Website or neither does give any warranty and representation about the authenticity and quality of the services. The Agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between AnyGPS and other party.
2. To the extent you access the Website through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Website, you agree that we may communicate with you regarding AnyGPS Services and other entities by SMS, MMS, emails, text message, or other electronic means to your mobile device and/or through the Website by push notifications, reminders and alerts for the purpose of providing the AnyGPS Service and other information. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails, SMS/MMS or otherwise shall be subject to change at the sole discretion of AnyGPS and AnyGPS owes no responsibility to provide you any information regarding such change.
2. Website Access, License And Other Conditions
1. Subject to the terms and conditions stated in the Agreement, you may access and use the Website, and which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You hereby acknowledge and agree that AnyGPS, in its discretion, at any time during the use of the Website may not provide any part of the Website. All rights, title and interest in and to the Website and its components will remain with and belong exclusively to AnyGPS. You shall comply with all notices, codes of conduct and policies of the AnyGPS published in connection with the use of the Website and the services provided therein, and you shall promptly notify AnyGPS if you become aware of a security breach or a potential security breach related to the Website.
2. AnyGPS reserves the right at all times to discontinue or modify any portion of the Agreement as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our terms and conditions from time to time in order that you stay informed as to any such changes. If we make changes to our terms and conditions and you continue to use the Website, you are impliedly agreeing to the terms and conditions and expressed therein. Any such deletions or modifications shall be effective immediately upon the AnyGPS’s posting thereof. Any use of the Website by you after such notice shall be deemed to constitute acceptance by you of such modifications. The Agreement, as modified or amended from time to time, is a binding contract between AnyGPS and you. If you visit, use, or access the Website, you accept the Agreement.
3. Intellectual Property Rights
1. AnyGPS is the sole owner or lawful licensee of all the rights to the Website’s Intellectual Property. Website’s Intellectual Property not limited to shall mean its design, layout, text, images, graphics, sound, video etc. The Website’s content embodies trade secrets and intellectual property rights protected under copyright and other laws. All title, ownership and intellectual property rights in respect to the Website and its content shall remain with AnyGPS, its affiliates at all times or licensor’s of AnyGPS’s content, as the case may be.
2. All rights not otherwise claimed under the Agreement or by AnyGPS, are hereby reserved. The information provided on the Website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. AnyGPS does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the “content”) contained on, distributed through, or linked, downloaded or accessed from the Website or otherwise (including through mobile application), or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
3. We accept no responsibility for any errors or omissions, or for the results obtained from the use of any information. All information on the Website is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). User(s) of the Website must hereby acknowledge that any reliance upon any content shall be at their sole risk.
4. AnyGPS reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Website or the content.
5. AnyGPS respects the intellectual property rights of others, and we expect our User(s) to do the same. We believes that User(s) agree that they will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the Website for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with AnyGPS, or otherwise commercially exploiting the AnyGPS content. Systematic retrieval of AnyGPS content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through automatic devices or manual processes) without written permission from AnyGPS is prohibited.
6. In addition, use of the content for any purpose not expressly permitted in the Agreement is prohibited and may invite legal action. As a condition of your access to and use of the Website, you agree that you will not use the Website to infringe the intellectual property rights of others in any way. AnyGPS reserves the right to terminate the account of a User(s) upon any infringement of the rights of others in conjunction with use of the Website, or if AnyGPS believes that User(s) conduct is harmful to the interests of AnyGPS, its affiliates, or other users, or for any other reason in AnyGPS’s sole discretion, with or without cause.
4. Links To Third Party Websites
1. Links to third party website are provided by AnyGPS as a convenience to User(s) and AnyGPS has not have any control over such websites i.e. content and resources provided by them.
2. AnyGPS may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party’s Services. You are cautioned to read such websites’ terms and conditions and/or privacy policies before using such Websites in order to be aware of the terms and conditions of your use of such websites. AnyGPS believes that User(s) acknowledge that AnyGPS has no control over such third party’s website, does not monitor such Websites, and AnyGPS shall not be responsible or liable to anyone for such third party Website, or any content, products or services made available on such a website.
5. Termination
Most content and some of the features of the Website are made available to visitors free of charge. However, AnyGPS reserves the right to terminate access to certain areas or features of the Website at any time for any reason, with or without notice. AnyGPS also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of AnyGPS and/or other visitors. AnyGPS reserves the right to limit, deny or create different access to the Website and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice.
6. Data Protection
Personal information supplied by User(s) during the use of the Website is governed by our privacy policy.
7. Limitation Of Liability/Disclaimer
1. The features and content of the Website are provided on an “as is” and “as available” basis, and AnyGPS hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. AnyGPS makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability and completeness of any information provided on or through the Website. AnyGPS does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Website does not violate any third party rights; and AnyGPS makes no representations or warranties of any kind concerning any product or service offered or displayed on the Website. Any material downloaded or otherwise obtained through the Website is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from Website or through the Website shall create any warranty not expressly stated herein.
2. Under no circumstances shall AnyGPS be held liable for an delay or failure or disruption of the content delivered through the Website resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save AnyGPS, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the Website or from your breach of any of the terms and conditions of the Agreement. User(s) hereby further agree to indemnify and save AnyGPS, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to AnyGPS.
3. AnyGPS shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages.
8. Notices
1. All notices or demands to or upon AnyGPS shall be effective if in writing and shall be duly made when sent to AnyGPS in the following manner: AnyGPS , Fremont, CA 94538, USA, hello@AnyGPS.com
2. All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence or email address provided by the User(s) to AnyGPS, or by posting such notice or demand on an area of the Website.
3. Notice to a User(s) shall be deemed to be received by such User(s) if and when AnyGPS is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon AnyGPS’s posting such notice on an area of the Website.
9. Governing Law
Terms and condition of use agreement and/ or Agreement, Privacy Policy shall be governed in all respect by the laws of the state of California.
10. Dispute Resolutions – Arbitration
Any dispute of any sort that might arise between AnyGPS and User(s), including any matters or disputes relating to or arising from the information offered or made available through Website, or arising from or relating to any communication between User(s) and AnyGPS or its agents, will be resolved by binding arbitration, rather than in court, and solely on an individual basis.
11. Miscellaneous
1. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
2. AnyGPS’s failure to enforce any right or failure to act with respect to any breach by a User(s) under these terms and conditions will not waive that right nor waives AnyGPS’s right to act with respect with subsequent or similar breaches.
3. AnyGPS shall have the right to assign its obligations and duties in the Agreement and in any agreement relating to any/all of its services to any person or entity.
4. If any provision of the terms and conditions of use and/or Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
5. All calls to AnyGPS are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from AnyGPS may be monitored and recorded.
6. The Agreement constitutes the entire agreement between the User(s) and AnyGPS with respect to access to and use of the Website, superseding any prior written or oral agreements in relation to the same subject matter herein.