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Terms of Service

Updated August 1, 2019
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Introduction

These Terms of Use ("Terms") constitute an agreement between you and\or the organization you represent ("You" or "Your") and Gilboa International Group LLC, a Missouri limited liability company ("GIG" "We" or "Us") which owns and operates the following applications and services: Explority ( "Explority"). These Terms govern your use of the explority websites ("Site"), explority mobile applications ("App") and services, including software, application programming interfaces ("APIs") and services offered by GIG and/or services offered by third parties integrating explority functionalities (together "Services")


For All Users

BY USING Explority AND THE SERVICES, YOU AGREE TO THESE TERMS:

Eligibility


You must be at least 13 years old to use the Site, the App or the Services.

Acceptable Use of the Site, the App and the Services
You are solely responsible for your use of the Site, the App or the Services, and for any use of the Site, the App or the Services made using your explority account. At explority, our objective is to create a fun, useful and safe user experience and we prohibit certain kinds of conduct that could be harmful to other users of explority. When you use the Site, the App or the Services you may not:

  • Violate any law or regulation;
  • Use the Site, the App or the Services other than for your own use (and not for the benefit of any third party);
  • Violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
  • Post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist or otherwise objectionable;
  • Send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • Take any action that imposes or may impose (as determined by explority in its sole discretion) an unreasonable or disproportionately large load on explority's (or its third party providers') infrastructure;
  • Bypass any measures explority may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
  • Engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site, the App or Services;
  • Transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage or interfere with the use of computers or related systems;
  • Stalk, harass or harm another individual;
  • Impersonate any person or entity or perform any similar fraudulent activity, such as phishing;
  • Use any means to scrape or crawl any Web pages or content contained on or made available on or through the Site, the App or the Services (although explority does not allow operators of public search engines to use spiders to index content contained on or made available on or through the Site, the App or the Services for the sole purpose of creating publicly available searchable indices of the materials, and explority reserves the right to revoke these exceptions either generally or in specific cases);
  • Use automated methods to use the Site, the App or Services;
  • Delete the copyright and other proprietary rights notices on the Site, the App or the Services or any software, application or device included in or underlying the Site, the App or the Services; or
  • Attempt to circumvent or interfere with any technological measure implemented by explority, or any of their providers or any other third party (including another user) to protect the Site, the App or the Services or features that enforce limitations on use of the Site, the App or the Services or any software, application or device included in or underlying the Site, the App or the Services;
  • Make any use of User Content other than for personal, non-commercial use;
  • Copy, reproduce, publish, distribute or redirect, or modify or alter, any User Content or information including databases, user lists, user information, links, listings, advertisements, images, materials and other content contained on or made available through the Site, the App or the Services - other than User Content posted by you in compliance with these Terms of Use;
  • Use explority copyrights or trademarks;
  • Attempt to link to or enter protected areas of the Site, the App or the Services, obtain access to passwords or otherwise enter non-public or secure areas of this Site, the App or the Services without proper authorization;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, the App or Services; make any copies of the Site, the App or the Services or any software, application or device included in or underlying the Site, the App or the Services; or
  • Advocate, encourage, or assist any third party of doing the foregoing.

You agree to receive emails, in-app purchase offers generated by the Services and having access to your personal user account also from explority.com.

Explority has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

User Content


All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. explority has no special relationship with or fiduciary duty to you. You acknowledge that explority has no control over, and no duty to take any action regarding: which users gains access to the Site, the App or the Services; what content you access via the Site, the App or the Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.

You own your personal data, including your contacts and other information and content you post or share using the Site, the App or Services ("User Content"). You hereby grant explority permission to reproduce and use your User Content as follows: reproduce, distribute, display, perform and otherwise use your User Content solely in connection with providing the Site, the App or Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license to your user content is perpetual, meaning that our license lasts for an indefinite period of time. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Site, the App or the Services.

As part of your use of the Site, the App or the Services, you will share content with others who were a part of a particular group you participated in and with followers that you invited. You understand and agree that we do not control, and cannot restrict, and have no responsibility for, what use participants in a group or your followers may make of content other than through their use of the Site, the App or the Services. For example, participants in a particular group or your followers may use the Site, the App or the Services to download the content relating to that explority group to their devices and thereafter distribute the content to others directly from their device without making use of the Site, the App or the Services and we are not responsible for any such use. It is also possible that certain explority groups or your followers may be sponsored by entities, which may intend commercial use of the content you choose to share in such explority group. While you may be notified by the organizer-sponsor as part of the invitation process to join the group that is a sponsored group (and be given the name of the sponsor), we cannot be responsible for how the sponsor will make use of content you choose to share in any such group you choose to join. We encourage you to be mindful of which groups you choose to join and who and what you are sharing with through the Site, the App or the Services.

You promise that:

  • You own all rights to your User Content or, alternatively, that you have the right to give explority the rights described above;
  • You have paid and will pay in full any fees or other payments that may be related to the use of your User Content; and
  • Your User Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.

We may refuse to accept or transit User Content for any reason. We may remove User Content from the Site, the App or the Services for any reason.

Non-User Content Ownership


Other than User Content, we own or license all right, title and interest in and to (a) the Site, the App and the Services, including all location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, interactive features, text, media and other content generated, provided, or otherwise made available on or through the Site, the App and the Services ("explority Content"); and (b) Explority® and explority’s other trademarks, logos and brand elements ("Marks"). The Site, the App and the Services, explority Content and Marks are all protected under U.S. and international laws.

explority does not guarantee that any content (User Content or otherwise) will be made available on the Site, the App or through the Services. explority has no obligation to monitor the Site, the App and the Services, or any content (User Content or otherwise). However, explority reserves the right to (i) remove, suspend, edit, block or modify any content (User Content or otherwise) in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if explority is concerned that you may have violated these Terms of Use), or for no reason at all. explority also reserves the right to access, read, preserve, and disclose any information as explority reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of explority, its users and the public.

Third Party Sites and Services


The Services may permit you to link to other websites, services or resources on the Internet and other websites, services or resources may contain links to the Site – collectively "Third Parties". When you access, rely on or use Third Parties or any of their content or services, you do so at your own risk. explority is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of Third Parties. The inclusion of any Third Party does not imply endorsement by explority or any association with its operators.

Termination


GIG reserves the right to immediately terminate your access to the Site, the App and to all or any part of the Services at any time, with or without cause or notice. This termination may result in the forfeiture and destruction of all information associated with membership. At its sole discretion, GIG will take reasonable steps to provide you the opportunity to download any User Content you created and will communicate with you via the designated email you list with your account. If you wish to terminate your account, please email us at support@explority.com and a member of our team will assist you in the termination process. All provisions of these Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Copyright Notice


The Site, the App and the Services contain content (including without limitation location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, interactive features and media) specifically provided by explority or its partners and such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Site, the App or the Services.

Trademarks


The "Explority" logo is a trademark or registered trademark of GIG in the United States and/or other foreign countries. These trademarks may not be used in connection with any product or service without the prior permission of GIG. All authorized uses of Explority's trademarks must comply with Explority's trademark usage guidelines. All other brands, names, and trademarks are property of their respective owners. You may not use the Marks or third parties' trademarks without the prior written permission of GIG or the applicable third party owner. GIG will enforce its intellectual property rights to the maximum extent possible.

Reporting Intellectual Property Infringement


GIG respects the intellectual property of others. If you believe that your proprietary rights have been infringed by content appearing on the Site, the App or the Services, please email us at support@explority.com to notify our designated agent. Please include the words "Notice of Infringement" in the subject line of the email. We reserve the right to remove content for any reason.

General Limitation on Liability


Under no circumstances shall GIG be liable to anyone due to the use or misuse by anyone of any content generated, provided, or otherwise made available on or through the Site, the App and the Services. Neither GIG, its affiliates, or any of their respective members, managers, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Site, the App or the Services or any content - whether or not explority Content - generated, provided, or otherwise made available on or through the Site, the App and the Services, or damages from the use of or reliance on any such content, even if GIG has been advised of the possibility of such damages.

GIG DOES NOT AND CANNOT WARRANT THE PERFORMANCE, RESULTS OR OUTPUT YOU MAY OBTAIN BY USING THE SITE, THE APP OR THE SERVICES. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO A USER’S JURISDICTION, EXPLORITY MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TITLE, ACCURACY, SECURITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, CAPABILITY, OPERATION, PERFORMANCE, SUITABILITY, COMPLIANCE WITH ANY PRIVACY OR WIRETAPPING LAWS OR FITNESS FOR ANY PARTICULAR PURPOSE. USE OF THE SITE AND THE SERVICES IS AT YOUR OWN RISK. EACH USER ACKNOWLEDGES THAT EXPLORITY HAS NO KNOWLEDGE OF, OR CONTROL OVER, THE USE OF THE SITE, THE APP OR THE SERVICES.

GIG shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond GIG's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

You release GIG from all liability for you having acquired or not acquired content through the Site, the App or the Services. The Services may contain, or direct you to websites containing, content that some people may find offensive or inappropriate. GIG makes no representations concerning any content contained in or accessed through the Site, the App or the Services, and GIG will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site, the App or the Services.

THE SITE, SERVICES AND ALL CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

GIG, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE, THE APP OR THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE, THE APP OR THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE, THE APP OR THE SERVICES WILL MEET YOUR REQUIREMENTS.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): GIG makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site, the App or the Services or any website linked to the Site, the App or the Services. GIG will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on explority's equipment, transmitted over networks accessed by the Site, the App or the Services, or otherwise connected with your use of the Site, the App or the Services.

Release


In the event that you have a dispute with any individual or entity in connection with the use of the Site, the app or Services, you release Gilboa International Group LLC and GIG, its members and affiliates (and its respective officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor"; and if you are a resident of another state, you waive any analogous provision of such state’s law.

Indemnity; Other Rights

By using the Site or the Services, you agree to indemnify, defend and hold harmless GIG, its subsidiaries, affiliates, members, officers, agents, suppliers, employees and guests, from any and all costs, liabilities, charges, penalties, claims or demands, including reasonable attorneys' fees, court costs, and other costs of collection, arising from (i) your use or misuse of the Site or the Services or any content contained or obtained therefrom, (ii) your violation of any law or the rights of a third party or (iii) your default under this Agreement. GIG shall in addition be entitled to any other remedies available to it at law, in equity or otherwise.

Government Use


The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Use.

Integration and Severability


These Terms of Use are the entire agreement between you and GIG with respect to the use of the Site, the App and the Services and content contained or obtained therefrom or your User Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and GIG with respect thereto. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Modification of Terms of Use


GIG reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Site, the App and the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site, the App or by sending you notice through the Services or via email. GIG may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

JURISDICTION, CHOICE OF LAW, FORUM; ETC.
These Terms of Use shall be governed in accordance with the internal laws of the State of Missouri, without regard to any conflicts of law provisions. Each user expressly agrees that all disputes under this Agreement shall be resolved by litigation in the state and federal courts located within the City of St. Louis and/or County of St. Louis, State of Missouri, and each user consents to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

A printed version of the Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Miscellaneous


These Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with GIG's prior written consent. GIG may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

ADDITIONAL TERMS FOR "DASHBOARD" USERS


Users of this Website, the App and the Services who are allowed access to the tools made available through the Dashboards ("Dashboard Users") have by doing so agreed to the following Terms Applicable To All Dashboard Users (all of which, together with the Terms of Use and the Privacy Policy Applicable to All Users shall constitute our Agreement):

General
You are obligated at all times to comply with the Terms of Use and the Privacy Policy Applicable to All Users; and you agree that your use of the Dashboard shall constitute a "use of the Site" and a "use of the Services" for all purposes of the Terms of Use and the Privacy Policy Applicable to All Users.

You agree that you are solely responsible for, and that you will assure, that your use (such term to include without limitation any use by any of your agents, employees, subcontractors and assigns) of the Site, the App and the Services (including without limitation the Dashboard) and of all data that you may access or develop as a result of any such use will be in compliance in all respects with all applicable laws, rules and regulations (including those regarding data security, confidentiality and privacy), domestic and foreign, and will not violate the proprietary or other rights of any Person. Without limiting the generality of the forgoing, you will assure that your use will at all times comply in all respects with the Privacy Policy Applicable to All Users (to the same extent as if you (or any of your agents, employees, subcontractors and assigns) had directly agreed with each User of the Site, the App or the Services to abide by explority's obligations in the Privacy Policy Applicable to All Users.

You agree that neither you nor any of your agents, employees, subcontractors and assigns have or may acquire any right or interest of any kind in any User Content and that User Content is owned exclusively by the applicable Users. In the event that you organize and sponsor an explority group, you agree that explority can indicate that it is sponsored by you and that, if you intend to make any use of User Content other than for personal, non-commercial use, you will be responsible for obtaining the consent of the User for the User Content. If the User rejects any such proposed use by you of their User Content, you are responsible for not using the User Content except for personal, non-commercial use.

You also agree that (a) neither you nor any of your agents, employees, subcontractors and assigns have or may acquire any right or interest of any kind in or to, the Site, the App or the Services or any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, interactive features, text, media and other content generated, provided, or otherwise made available on or through the Site, the App and the Services (including any data or information which is available through the Dashboard, including without limitation any which is the result of manipulation or analysis of any such data or information) and (b) we own all right, title and interest in and to the Site, Mobile app and the Services and, except for User Content, own or license all location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, interactive features, text, media and other content generated, provided, or otherwise made available on or through the Site, the App and the Services.

You agree that your use of the Dashboard does not vest in you (or any of your agents, employees, subcontractors and assigns) any proprietary rights with respect to the data and information available through the Dashboard or generated as a result of your use thereof. You also agree that we own all right, title and interest in and to (a) any data or information which is available through the Dashboard, including without limitation any which is the result of manipulation or analysis of any such data or information (together with all other location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, interactive features, text, media and other content generated, provided, or otherwise made available on or through the Site, Mobile app and the Services, being " explority Content"); and (b) GIG’s and GIG’s trademarks, logos and brand elements ("Marks").

The Site, Mobile app and the Services, Explority Content and Marks are all protected under U.S. and international laws.

You agree to cause all of your agents, employees, and subcontractors and assign to comply with each of the agreements specified above in this Additional Terms Applicable to "Dashboard" Users of explority.

Indemnification; Limitation of Liability
In addition to the indemnities you provide under Terms of Use Applicable to All Users, you will indemnify and hold GIG and its officers, directors, agents, affiliates, subsidiaries, joint ventures and employees), harmless from any cost, liability, charge, penalties, claim or demand (including for damage or theft), including reasonable attorneys' fees, court costs, and other costs of collection, due to or arising out of or related to any breach by you of any of your agreements included in our Agreement or (ii) your use of the Dashboard (or any of the explority Content).

General Limitation on Liability
Under no circumstances shall GIG be liable to anyone due to the use or misuse by anyone of any content - whether or not explority Content - generated, provided, or otherwise made available on or through the Dashboard. Neither GIG, its affiliates, or any of their respective members, managers, employees, agents, vendors or suppliers will be liable for any direct, indirect, special, punitive, consequential or incidental damages including, without limitation, lost profits or revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use the Dashboard - whether or not explority Content - generated, provided, or otherwise made available on or through the Dashboard, or damages from the use of or reliance on any such content, even if GIG has been advised of the possibility of such damages.

GIG DOES NOT AND CANNOT WARRANT THE PERFORMANCE, RESULTS OR OUTPUT YOU MAY OBTAIN BY USING THE DASHBOARD EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO A DASHBOARD USER’S JURISDICTION, GIG MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION TITLE, ACCURACY, SECURITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, CAPABILITY, OPERATION, PERFORMANCE, SUITABILITY, COMPLIANCE WITH ANY PRIVACY OR WIRETAPPING LAWS OR FITNESS FOR ANY PARTICULAR PURPOSE. USE OF THE DASHBOARD IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT GIG HAS NO KNOWLEDGE OF, OR CONTROL OVER, THE USE OF THE DASHBOARD.

GIG shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond GIG's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).

You release GIG from all liability for you having acquired or not acquired content through the Dashboard. The Dashboard may contain, or direct you to websites containing, content that some people may find offensive or inappropriate. GIG makes no representations concerning any content contained in or accessed through the Dashboard, and GIG will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Dashboard.

IN NO EVENT WILL GIG BE LIABLE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF GIG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.

THE DASHBOARD AND ALL CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

GIG, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE DASHBOARD WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE DASHBOARD IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE DASHBOARD WILL MEET YOUR REQUIREMENTS.

Electronic Communications Privacy Act Notice (18 USC 2701-2711):

GIG makes no guaranty of confidentiality or privacy of any communication or information transmitted on or through the Dashboard or any website and/or the App linked to the Dashboard. GIG will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on explority's equipment, transmitted over networks accessed by the Dashboard, or otherwise connected with your use of the Dashboard.

Remedies
You agree that in addition to monetary damages GIG are entitled to injunctive and equitable relief to enjoin any violation or potential violation by you of our Agreement, that our rights and remedies hereunder are cumulative and not exclusive or any available at law, in equity by contract or otherwise and that any failure of us to exercise (or delay in exercising) any such right or remedy shall not limit or otherwise affect our ability to exercise any of such remedies in that or any other circumstance.

Attorney’s Fees
If a dispute arises by and between the parties to this Agreement or involving the subject matter of these Additional Terms Applicable to "Dashboard" Users of explority and litigation is commenced to enforce the provisions herein or interpret the provisions herein, the prevailing party shall be due its reasonable attorneys fees and litigation costs.

Modification of Terms of Use
GIG reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Site, The App and the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site, the App or by sending you notice through the Services or via email. GIG may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

JURISDICTION, CHOICE OF LAW, FORUM; ETC
These Terms of Use shall be governed in accordance with the internal laws of the State of Missouri, without regard to any conflicts of law provisions. Each user expressly agrees that all disputes under this Agreement shall be resolved by litigation in the state and federal courts located within the City of St. Louis and/or County of St. Louis, State of Missouri, and each user consents to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

A printed version of the Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Miscellaneous
These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with GIG's prior written consent. GIG may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically

Last revised – August 1, 2019

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