Legal Pad Apps Application Terms of Service
END USER LICENSE AGREEMENT
BY DOWNLOADING THIS MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.
This End User License Agreement (the “Agreement”) for “Judgement Interest Calculator” (together with any updates, the “Application”) is a legal agreement between user (“You” or “Your”), and Tucknologies Holdings Inc; and all assigns or agents therein, heretofore known as “The Company.” By accessing, downloading, copying or otherwise using the Application, You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms and conditions. If You do not agree to the terms and conditions of this Agreement, do not access, download, copy or use the Application. “Judgement Interest Calculator” and The Company will not and does not grant You access to the Application unless You agree to the terms of this Agreement.
In consideration of the promises and covenants described below, and other good and valuable consideration, You agree as follows:
1. License Grant; Compliance with Terms of Use. The Application is licensed, not sold, and The Company reserves all rights not expressly granted in this Agreement. Subject to the terms and conditions hereof, The Company grants You a personal, nonexclusive, nontransferable, non-sublicenseable, limited license to download and use the Application on a mobile device that You own or control. You may not copy (except as expressly permitted by this Agreement), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of any open-sourced components included with the Application). If you breach any of these restrictions, you may be subject to prosecution and damages. This Agreement and User License also governs any updates or upgrades to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
The license is effective until terminated by you or The Company, with or without written notice. Your rights under the User License will terminate automatically without notice from The Company if you fail to comply with any Terms or terms of the User License. Upon termination of the license, you shall cease all use of the Application and destroy all copies, full or partial, of the Application.
2. License Restrictions. Except as specifically provided herein, You may not: (i) distribute or make the Application available over a network where it could be used by multiple devices at the same time; (ii) copy the Application; (iii) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble or make derivative works based on the Application, except as otherwise permitted by law; or (iv) use, rent, loan, sub-license, lease, distribute or attempt to grant other rights to the Application to third parties.
3. Ownership. All of the content featured or displayed in or through the Application ("Content") and all trademarks, service marks and trade names of The Company included therein, are owned by The Company, its licensors, vendors, agents and/or its Content providers. All Content is subject to The Company's Terms of Use, as may be amended from time to time, as The Company sees fit.
4. Purpose. The Judgement Interest Calculator is not intended as a legal device or a replacement for responsible conduct. The Judgement Interest Calculator is designed for legal professionals as a productivity and reference application for determining accrued interest on monetary settlements. This judgement interest calculator application has been prepared as an aid for those who use the guidelines enacted by the Michigan Legislature. The Application is intended to reflect with complete accuracy the substance of the law. However, in the event that the manual fails to comport exactly with the law, remember that the statute is the controlling authority.
5. Your Warranty to The Company. You represent and warrant that: (i) You have the authority to bind Yourself to this Agreement; (ii) Your use of the Application will be solely for purposes that are permitted by this Agreement; and (iii) Your use of the Application will comply with all local, state and federal laws, rules, and regulations (“Laws”).
6. Privacy. By using the Application, you agree that The Company may collect and use certain information about you, your mobile device, your use of the Application and the Application's performance in accordance with the Privacy Policy, as may be amended from time to time.
7. Disclaimer of Warranties and Indemnification. The Company will not be liable for losses or damages arising from or in any way related to your access or use of the Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY IS LICENSING THE APPLICATION “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” THE COMPANY, TUCKNOLOGIES HOLDINGS INC., AND ALL ASSIGNS, AGENTS AND DESIGNATED REPRESENTATIVES MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, SAFETY, RELIABILITY, TIMELINESS, AND ACCURACY, FOR ANY PURPOSE, OF THE APPLICATION, THE OPERATION OF THE APPLICATION ALONE OR IN CONJUNCTION WITH ANY DEVICE, OR THE CONTENT CONTAINED HEREIN. THE COMPANY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE APPLICATION AND ITS OPERATION AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY AND ALL CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED OR SIMILAR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE CONNECTED WITH THE USE OF OR INABILITY TO USE THE APPLICATION, AND FOR ANY CAUSE OF ACTION, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY DAMAGES ARISING UNDER THIS AGREEMENT OR THE USE OF THE APPLICATION THAT THE COMPANY IS REQUIRED TO PAY FOR ANY PURPOSE WHATSOEVER, INCLUDING WITHOUT LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO TWENTY FIVE DOLLARS ($25.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU UNDER THE LAWS OF THOSE STATES. No action, regardless of form, whether in court or through arbitration, arising out of any transaction under this Agreement, may be brought by You more than one year after You have knowledge of the occurrence which gives rise to the cause of such action.
9. Indemnity. You agree to indemnify and hold harmless The Company, Tucknologies Holdings Inc. , and its affiliates, officers, directors, employees, consultants, agents and anyone providing information or software used in the Application from any and all claims arising from, related to, or incidental to Your use of the Application.
10. Termination. This Agreement is effective until terminated. The Company may immediately terminate this Agreement at any time at its sole discretion with or without notice to you. Additionally, Your rights under this Agreement will terminate automatically if you fail to comply with any term(s) of this Agreement. Upon termination, all legal rights and licenses granted to You hereunder shall terminate immediately and You shall cease all use of the Application and destroy all copies of the Application. All sections that may be reasonably interpreted to or are intended to survive this Agreement will survive this Agreement.
11. Governing Law. This Agreement shall be governed by the laws of the State of Michigan in the United States, without giving effect to the State of Michigan's choice of law principles. You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Ingham County, Michigan, USA for all disputes arising out of or relating to this Agreement. If any action is brought to enforce, or arises out of, the Agreement or any term, clause, or provision hereof, the prevailing party shall be awarded its reasonable attorney's fees together with expenses and costs incurred with such action.
12. Acknowledgment of Understanding/Entire Agreement. You acknowledge that You have read this Agreement, understand it and agree to be bound by its terms and conditions. You also agree that this Agreement is the complete and exclusive statement of the Agreement between The Company and You and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between The Company and You relating to the subject matter of this Agreement.
13. Severability. You agree that the terms and conditions stated in this Agreement are severable. If any paragraph, provision, or clause in this Agreement shall be found or be held to be invalid or unenforceable in any jurisdiction, the remainder of this Agreement shall be valid and enforceable.
14. Assignment and Transfer. The Company may assign, transfer, sell, rent or lend this Agreement, in whole or in part, at any time without notice to You. You may not assign this Agreement or any part of it or any rights to use the Application, in whole or in part, either temporarily or permanently, to any other party. Any attempt to do so is void.
15. Amendment of this Agreement. THE COMPANY RESERVES THE RIGHT TO MODIFY OR AMEND THIS AGREEMENT FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE APPLICATION FOLLOWING THE POSTING OF CHANGES TO THE AGREEMENT WILL MEAN YOU ACCEPT THOSE CHANGES.
16. Tampering or Alterations. Customer will not allow any and all changes to the software, machinery or equipment to be made by anyone other than the Seller or the Seller’s designated representative. Tampering or alterations to the software, machinery or equipment will void any and all warranties and may incur fees and damages on the Customer by the seller, if such indemnifications are deemed appropriate.
17. Intellectual Property The Judgement Interest Calculator, and other trademarks, service marks, graphics and logos used in connection with the Application are trademarks or registered trademarks of The Company or other companies of The Judgement Interest Calculator (collectively “The Judgement Interest Calculator Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third-Party Marks”). The Judgement Interest Calculator Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of The Company or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by The Judgement Interest Calculator Brands or the owner of the Content.
18. Prohibited Uses Use of the Application is limited to the contemplated functionality. The Application shall not be used in any way that,
1. 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);
2. is unlawful, fraudulent, or deceptive;
3. uses technology or other means to access unauthorized content or non-public spaces;
4. uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
5. 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;
6. attempts to damage, disable, overburden, or impair Tucknologies Holdings Inc. or its subcontractors’ servers or networks;
7. attempts to gain unauthorized access to a Tucknologies Holdings Inc. or its subcontractors’ computer network;
8. attempts to gain unauthorized access to Tucknologies Holdings Inc. or its subcontractors’ user accounts;
9. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
10. violates these Terms in any manner; or
11. fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).
The Company 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 Content or use of the Application, that The Company reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
19. Age Restriction. To download, install, access or use the App, you must be at least 16 years of age or over, or specifically the legal age to operate a motor vehicle in your state. If you are under 16 and you wish to use download, install, access or use the App, you must get consent from your parent or guardian before doing so.
20. Heading. Paragraph headings in these Terms of Service are included for convenience only and shall not be used in construing or interpreting this proposal or the resulting order.
BY DOWNLOADING THIS MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.