Terms and Conditions of Use


DRAFT!


These Terms and Conditions of Use ("Agreement") is a legal agreement between you and CanBe Innovations, Inc. (hereinafter referred to as "Company"), the owner and developer of canbeapp.com website (the “Website”) and CanBe App mobile application (the “App”) (collectively referred to as the “Services”). By registering for any service provided on the Services, you become a member(MEMBER), and you agree to be bound by all the terms (the "Terms") set forth in this Agreement if you remain a member.  
 
IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY CANBE INNOVATIONS, INC. SERVICE.  

BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. CANBE INNOVATIONS, INC. RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT THE COMPANY'S DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THIS IS THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS AND ANY VERSIONS THAT CAN BE REVIEWED FROM ANY OTHER SOURCE OR WEBSITE. 

  1. Limitations of Liability and Indemnification. By using any Services provided by Company, you agree that in no event will Website, Company, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing and using any Services. Your sole remedy for any breach or default of this Agreement by Website or Company shall be a return of any fees paid to Website or Company for any services provided under this Agreement. You indemnify and agree to defend and hold harmless Website, App, Company, its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of Services, including any breach by you of the Terms contained in this Agreement. 
  2. Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of use of the Services. You understand that Website and Company do not perform psychological testing or background checks on the individuals who may use the Services. You understand and agree that you must take all reasonable precautions before meeting others through the services. 
  3. Site Use. Company grants you a limited, revocable, nonexclusive license to use the Services solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products, or services violating any law. The use of Services is at the Company's discretion, and the Company may terminate your use of Services at any time and for any reason. 
  4. Compliance with Laws. You agree to comply with all applicable laws regarding your use of Services. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. 
  5. Do Not Rely on Website. Opinions, advice, statements, or other comments, including medical information or medical opinions, should not necessarily be relied upon and are not to be construed as professional advice from Website or Company. Website and Company do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information.
  6. Offensive Information. It is possible that other Members using Services will post or send obscene or offensive materials through the Services, or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of Website and App, have access to personal information about you. Website, App, Company, its employees, agents, affiliates, licensees and web hosting services are not responsible for these transmissions or for the release of such information by others about you. 
  7. Right to Monitor. Website, App, and Company reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site. You understand and agree that if your use of Services is determined by Company, in its sole and reasonable discretion, to be offensive, obscene, or otherwise improper, Company can terminate your use of the Services immediately without prior notice and without any right of refund, set-off or a hearing. 
  8. Securing your Account. You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact canbeapp.com immediately! You may email admin@canbeapp.com - It is up to you to maintain the confidentiality of your password and account. Company is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of this Agreement. 
  9. Confidentiality. It is agreed that all personal information given to App, Website, and Company, will be kept confidential by Company, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) will be posted with your user ID for others to view; (2) you actively chose to post your personal information for others to see; (3) you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via use of Services, in which case the confidentiality clause contained in this Agreement is rendered null and void. 
     
    It is our policy to release a Member's personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, to protect the rights, property or safety of our users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection. By accepting this Agreement you waive all rights and agree to hold Company harmless from any claims resulting from any action taken by Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either Company or law enforcement authorities. 
  10. Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at https://canbeinnovations.com/privacy-policy
  11. Ownership, Copyrights, Trademarks, Licenses. You acknowledge and agree that Website and App and any software or programs used with respect to Services contain proprietary and confidential information that is the property of Company and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the proprietary and confidential information on Website or App or any software used in connection with any of its services is provided, transferred or assigned to you. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of Company’s services or software, in whole or in part. Trademarks, service marks, logos, and copyrighted works appearing in Services are the property of the Company. Company retains all rights with respect to any intellectual property appearing on Services, and no rights in such materials are transferred or assigned to you. 
  12. No Warranties. THE USE OF WEBSITE OR APP AND ANY SERVICE IT PROVIDES IS AT YOUR SOLE RISK. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADVENTURE THERAPY FOUNDATION, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF SERVICES WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE UTILIZED BY THE SERVICES WILL BE CORRECTED. 

  14. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of California, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Northern District of California, and you hereby consent to the jurisdiction of any such court. 
     
    YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 
  15. Severability. If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. In addition, in such event, the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision. 
  16. Certification of Age. YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER, ACCESS AND USE ANY SERVICE PROVIDED BY THIS WEBSITE AND THE ASSOCIATED MOBILE APPS. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THIS WEBSITE FOR ANY PURPOSE. 
  17. Relationship of the Parties. Nothing contained in this Agreement, or your use of the Services shall be construed to constitute either party as a partner, joint ventures, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. 
  18. Entire Agreement. This Agreement constitutes the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Website, App, and Company with respect to services it provides. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use Website, App, or any of its services. The company may revise these Terms and Conditions of Use at any time. Your continued use of Services after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement. 
  19. Waiver. The failure of the Website, App or Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Company must be in writing and signed by an authorized representative of the Company.