- Tended Solutions Intellectual Property and Content. The Application and Tended App Content are the sole and exclusive property of Tended Solutions, and are protected by copyright, patent, trade secret, international treaties and laws, and other proprietary rights. Tended App™, the Tended logo, and any other Tended trademarks, service marks, graphics and logos used in connection with the Application and Tended App Content, are trademarks of Tended Solutions, LLC (collectively the “Tended App Marks”). Other trademarks, service marks, graphics and logos which might be used in connection with the Application are the trademarks of their respective owners (collectively “Third-Party Marks”). The Tended App Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Tended Solutions, LLC or the applicable trademark holder.
- Copy Restrictions; Protection and Security.
In no event shall User copy, decompile, disassemble, or electronically transfer the Application, or translate the Application into another computer language.
User may not copy the documentation.
User acknowledges that the Application contains valuable, confidential information and trade secrets and that unauthorized use and/or copying are harmful to Tended Solutions.
- Prohibited Uses. Use of the Application is limited to the contemplated services and the contemplated functionality described on www.tendedapp.com. The Application shall not be used in any way that: (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to damage, disable, overburden, or impair Tended Solutions servers or networks; (g) attempts to gain unauthorized access to a Tended Solutions computer network; (h) attempts to gain unauthorized access to Tended user accounts; (i) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (j) violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies. Tended Solutions reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Tended App Content or use of the Application, which Tended Solutions reasonably believes is or might be in violation of these Terms.
- User-Generated Content. User may generate content, written or otherwise, while using the Application (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by Tended Solutions (for example, in product marketing campaigns). User grants Tended Solutions and its successors a worldwide, irrevocable, transferable, sublicensable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that User, and User alone, is responsible for the development of User-Generated Content. Without limiting the generality of the foregoing, it is User’s responsibility to maintain periodic backup copies of all data and programs used in conjunction with the Application to prevent catastrophic loss.
- Links to Other Websites and Connecting through Social Media. The Application may contain hyperlinks to websites operated by third parties. Tended Solutions does not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Tended Solutions is not responsible for the accuracy of opinions expressed in any linked websites on the Application, and such websites and links are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on the Application does not imply or constitute approval or endorsement of the linked website by Tended Solutions. If you decide to to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. Tended Solutions is not responsible for information provided by you to third parties.
- Warranty Disclaimers; Liability Limitations.
- TENDED SOLUTIONS IS PROVIDING THE APPLICATION AND CONTENT TO USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, TENDED SOLUTIONS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE APPLICATION BY USER IS IN COMPLIANCE WITH LAWS, OR THAT USER CONTENT OR INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
- USER AGREES NOT TO USE THE APPLICATION AND TENDED APP CONTENT IN ANY SITUATION WHERE SIGNIFICANT DAMAGE OR INJURY TO PERSONS, PROPERTY OR BUSINESS COULD OCCUR FROM A SOFTWARE ERROR.
- USER ASSUMES ALL RISK AS TO THE SELECTION, USE, PERFORMANCE AND QUALITY OF THE APPLICATION. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL TENDED SOLUTIONS OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION: (I) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (II) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER CONTENT OR INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. TENDED SOLUTIONS, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION AND TENDED APP CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.
- In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall Tended Solutions, its agents or anyone involved in creating or providing this Application or Tended App Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $100, whichever is less.
- If any provision or portion of a provision of this Agreement is determined to be invalid or unenforceable, it shall be deemed omitted and the remaining provisions of this Agreement shall remain in full force and effect.
- This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings are hereby expressly cancelled.
Should User have any questions regarding this Agreement, User may contact Tended Solutions by email at firstname.lastname@example.org.