October 22, 2014

Terms of Service

Updated February 20, 2014

 

PairWise Terms or Service
The term “PairWise” or “us” or “we” refers to the owner of the Site, PairWise LLC. The term “you” refers to the user of the PairWise Service and/or visitor to the Site.
The following Terms of Service apply to the mypairwise.com website, as well as our iOS and Android applications and any other means used to access the PairWise Service (collectively referred to as the “Site”). Through the Site, PairWise provides a wide variety of information and services, including search capabilities, access to ratings and reviews, and shopping opportunities (collectively the “PairWise Service”), as well as content presented by third-parties and not owned by us (See Links to Third-Party Sites). By accessing, browsing or using the Site and/or the PairWise Service, you hereby agree to comply with and be bound by the following terms of service.
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this page, which is directly accessible at the following address: http://pairwise.co/tos.html. Your continued use of the Site and/or the PairWise Service indicates your acceptance of the amended Terms of Service. Please review the following terms carefully. If you do not agree to these terms, you should not use this Site.

 

Eligibility
Use of the Site and the PairWise Service is restricted to those who have attained the legal drinking age. In the United States, access to and use of the Site and the PairWise Service is restricted to individuals 21 years of age or older. By visiting the Site you represent that your access to and use of the Site and the PairWise Service is in compliance with all laws to which you are subject.
In addition, by visiting the Site you represent that you have the right, authority and capacity to agree to and abide by the Agreement.

 

Limitations of Use
You acknowledge that the Site and various elements contained therein (the “Content”) are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of us, our licensors, or any third-parties with whom we may engage from time to time, as applicable. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content, other than as described herein. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. Elements of the website that are licensed by PairWise are subject to the same conditions.
Your license for access and use of the Site, the PairWise Service and any Content therein is subject to the following restrictions and prohibitions on use: a) You may not copy, reproduce, distribute, republish, display, post, or transmit any Content appearing on the Site in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of PairWise, and nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any such license or right; b) You may not use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not “mirror” any material contained on the Site on any other server.
Notwithstanding the foregoing, PairWise may make available tools and features the purpose of which is to allow users to share Content through social networks or other media. Use of such tools and features furnished by PairWise, and the resulting sharing of Content, is expressly permitted by PairWise.

 

Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Site is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or Content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of the Site. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

 

User Accounts
By creating a PairWise user account via the web site located at http://pairwise.co (the “Site”) or via any other means provided by PairWise, and using any of the Services accessible through the Site, you become a “Registered User” and agree to, and are bound by, these Terms of Service.

 

Links to Third Party Sites
The Site may contain links to web sites controlled, owned, and operated by third-parties (the “Third-Party Sites”). PairWise cannot control and has no responsibility for the accuracy or availability of information provided on Third-Party Sites. You acknowledge that use of any Third-Party Sites is governed by the terms of service for those websites, and not by this Agreement. Links to Third-Party Sites do not constitute an endorsement or recommendation by PairWise, nor do we make any warranties or representations, express or implied, regarding the content of such sites or the accuracy or fitness of the content, products, advertising or other materials presented on such sites for any purpose, but are provided for your convenience, and your choice to access such links is made at your own risk. Such Third-Party Sites may have a privacy policy different from that of PairWise and may provide less security than this Site. We are not responsible for the content of any Third-Party Sites, and PairWise shall have no liability of any nature whatsoever for any failure of products or services offered or advertised on such Third-Party Sites or otherwise. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site.

 

Ratings and Reviews
PairWise is not responsible for any user-generated content (“Content”). Content posted express the views of their author only. You agree to not use the Service to post or link to any Content which is off topic, defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity or otherwise violates any laws. We reserve the rights to remove or modify any Content posted for any reason without explanation. Requests for Content to be removed or modified will be undertaken only at our discretion. We reserve the right to take action against any account with the Service at any time.
For clarity, you retain all of your ownership rights in and to your Content. However, by submitting ratings, reviews or other content to PairWise through this Site (collectively, “Submissions”), you are also granting to PairWise a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, fully paid-up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), modify, enhance, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, export and import your Submissions (including your name and biographical information, if applicable) in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without further approval by or payment to you. PairWise shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by PairWise in writing, or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting PairWise’s responsibilities and obligations under its Privacy Policy.

 

Newsletter and Notifications
By creating an account with PairWise, you agree that PairWise may subscribe you to its newsletter and that you may receive periodic email notifications regarding the PairWise Service. You may opt out of future email communications by clicking the appropriate unsubscribe link on any of the emails you receive, or by using the contact form located at http://pairwise.co/contact.html. PairWise may continue to send you notifications related to security or other important information as allowed or required by law.

 

Copyright
All materials published on the App, including the compilation (meaning the collection, arrangement and assembly) of all content on the App, are protected by U.S. and international copyright laws. You may not reproduce, republish, distribute, transmit, resell, display, broadcast, or otherwise exploit such material in any manner without the express written permission of either PairWise and, in the case of content licensed by PairWise from third parties, the entity that is credited as the copyright holder of such licensed content.

 

Trademarks
The PairWise logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of PairWise, LLC and may not be used in connection with any product or service that is not offered by PairWise, LLC All other trademarks and company names or logos cited herein are the property of their respective owners.

 

Indemnification
By accepting the Terms of Service, you agree to indemnify and otherwise hold harmless PairWise LLC, its officers, employees, agents, subsidiaries, affiliates and other partners (the “Company Parties”) from any direct, indirect, incidental, special, consequential or exemplary damages or any losses or liabilities resulting from your use of the PairWise Site. Furthermore, you agree to make the Company Parties whole for any and all claims and expenses (including attorneys’ fees) arising from your use of the Site or any violation of this Agreement.

 

Termination
You agree that PairWise may, with or without cause, immediately terminate your PairWise account and access to the PairWise Service without prior notice. Termination of your PairWise account includes removal of access to all offerings within the PairWise Service and may also bar you from further use of the PairWise Service.
Without limiting the foregoing, PairWise may terminate your use of the PairWise Service in the event of (a) breaches or violations of this Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems.
Furthermore, you agree that all terminations shall be made in PairWise’s sole discretion and that PairWise shall not be liable to you nor any third-party for any termination of your account or access to the PairWise Service.

 

Disclaimer of Warranties
PairWise does not guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the content, and PairWise disclaims liability for errors or omissions in the content.
This site and all of the content is provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement or title. Additionally, there are no warranties as to the results of your use of the content. PairWise does not warrant that the site is free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction or modification under the laws applicable to this agreement.
PairWise may discontinue or make changes in the content and site at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and PairWise does not undertake any obligation or responsibility to update or amend any such information. PairWise reserves the right to terminate any or all site offerings or transmissions without prior notice to you. This site could contain technical inaccuracies or typographical errors. Use of this site is at your own risk.

 

Limitation of Liability
Under no circumstances will PairWise be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages of any kind whether in an action in contract or negligence arising or relating in any way to the use or inability to use by any party of the content, the site or any third-party site to which this site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if PairWise, or representatives thereof, are advised of the possibility of such damages, losses or expenses. PairWise is not liable for any defamatory, offensive or illegal conduct of any user. Your sole remedy for dissatisfaction with this site is to stop using the site. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.