Effective Date: 5/17/2023
These Terms of Service (“Terms”) govern your use of tobinjarrett.com (“the Platform”), owned and operated by Automate and Liberate (“we,” “us,” or “our”). Please read these Terms carefully before using the Platform.
1. Acceptance of Terms
By accessing or using the Platform, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you may not use the Platform.
2. User Eligibility
The Platform is intended for individuals who are at least 18 years old. By using the Platform, you represent and warrant that you are 18 years of age or older. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
3. User Accounts
a. In order to access certain features of the Platform, you may need to create a user account. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
b. You must provide accurate, current, and complete information during the account registration process and keep your account information up to date. You may not use another person’s account without their permission.
4. User Content
a. The Platform may allow you to submit, post, or display content, including but not limited to text, images, videos, and other materials (“User Content”). You retain ownership of any intellectual property rights that you hold in the User Content.
b. By submitting User Content to the Platform, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, publicly perform, publicly display, and otherwise exploit the User Content in connection with the operation of the Platform and our business.
c. You are solely responsible for the User Content you submit and the consequences of sharing or publishing it. You represent and warrant that you have all necessary rights to grant the licenses in this Section and that the User Content does not violate any applicable laws or infringe upon the rights of any third party.
5. Prohibited Conduct
When using the Platform, you agree not to:
a. Violate any applicable laws or regulations;
b. Infringe upon the intellectual property rights or other rights of third parties;
c. Transmit or distribute viruses, worms, or any other harmful software;
d. Engage in any fraudulent or deceptive activities;
e. Use the Platform for any illegal or unauthorized purpose;
f. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
g. Interfere with or disrupt the operation of the Platform or the servers or networks connected to the Platform;
h. Collect or store personal data of other users without their consent;
i. Harass, abuse, or harm other users or third parties in any way;
j. Engage in any activity that, in our sole discretion, could adversely affect the reputation or functionality of the Platform.
- Intellectual Property
a. The Platform and its contents, including but not limited to text, graphics, images, logos, button icons, software, and audio clips, are the property of Automate and Liberate or its licensors and are protected by applicable intellectual property laws.
b. You may not copy, modify, distribute, display, license, or sell any of the Platform’s content, except as expressly authorized by us.
b. You are responsible for maintaining the confidentiality of your personal information, including any account credentials, and for all activities that occur under your account.
We reserve the right to suspend or terminate your access to the Platform at any time, for any reason, without prior notice or liability.
9. Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS TO OR USE OF THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY.
You agree to indemnify, defend, and hold harmless Automate and Liberate and its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of the Platform or violation of these Terms.
12. Modifications to the Terms
We reserve the right to modify these Terms at any time, without prior notice. The updated Terms will be posted on the Platform, and your continued use of the Platform after the posting of any modifications constitutes your acceptance of the revised Terms.
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of North Carolina, USA. Any legal action or proceeding arising out of or relating to these Terms or the Platform shall be brought exclusively in the courts of North Carolina, USA.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
15. Entire Agreement
These Terms constitute the entire agreement between you and Automate and Liberate regarding your use of the Platform and supersede any prior agreements or understandings, whether written or oral.
If you have any questions or concerns regarding these Terms, please contact us at [email protected].
By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.