Terms of Use

STORE TERMS OF USE

 

These terms of use are entered into by and between you and Coach M Pryor LLC, a California limited liability company (“Company” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of Hiking Bingo, including any content, functionality, and services offered on or through the Store (the “Store”), whether as a guest or a registered user.

 

Please read the Terms of Use carefully before you start to use the App. By using the Store, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Store.

 

This Store is offered and available to users who are 16 years of age or older. By using the Store, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Store without supervision from a parent or guardian who agrees to be bound by these Terms of Use.

 

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Store thereafter.

 

Your continued use of the Store following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

  1. ACCESSING THE STORE AND ACCOUNT SECURITY
    • Accessing the Store. We reserve the right to withdraw or amend the Store, and any service or material we provide on or through the Store, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Store is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Store, or the entire Store, to users, including registered users. You are responsible for both: (a) making all arrangements necessary for you to have access to the Store; and (b) ensuring all persons who access the Store through your electronic device are aware if the Terms of Use and comply with them.

 

  • Account Security. To access the Store or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Store that all the information you provide on the Store is correct, current, and complete. You agree that all information you provide to register with the Store or otherwise, including, but not limited to, through the use of any interactive features on the Store, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Store or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

 

  1. END USER LICENSE AGREEMENT

 

  • License Grant. Subject to these Terms, Company grants you a limited, non-exclusive, revocable, and nontransferable license to use the Store for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”).

 

  • License Restrictions. You shall not:

 

  • copy the Store

 

  • modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Store;

 

  • reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Store or any part thereof;

 

  • remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Store, including any copy thereof;

 

  • rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Store, or any features or functionality of the Store, to any third party for any reason, including by making the Store available on a network where it is capable of being accessed by more than one device at any time; or

 

  • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Store.

 

 

  • Collection and Use of Your Information. You acknowledge that when you use the Store, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Store. You also may be required to provide certain information about yourself as a condition to using the Store or certain of its features or functionality, and the Store may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Store is subject to our Privacy Policy. By using and providing information to or through this Store, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

  • Updates. The Company may from time to time, in its sole discretion, develop and provide Store updates. Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

 

  • Third-Party Materials. The Store may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

 

 

  1. RIGHTS WE GRANT YOU

 

Any license or rights we grant you is for the sole purpose of letting you use and enjoy the Store in accordance with these Terms of Use and our Community Guidelines, set forth in Section 7 below.

 

The Company name, the terms Hiking Bingo, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.

 

 

  1. CONTENT OF OTHERS

 

Some of the content on our Store is produced by other users and third-parties. Such content is the sole responsibility of the person that submitted it. Although we reserve the right to monitor or remove all content that appears on the Store, we may not monitor it all, and we cannot guarantee that the content on the Store or that third-parties use of our Store will conform to our Terms of Use. Company is not responsible for any content others provide through the Store.

 

 

  1. COPYRIGHT INFRINGEMENT

 

  • We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Store infringe your copyright, you may request removal of those materials (or access to them) from the Store by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

 

  • your physical or electronic signature;

 

  • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Store, a representative list of such works;

 

  • identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;

 

  • adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);

 

  • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;

 

  • a statement that the information in the written notice is accurate; or

 

  • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

  • Our designated copyright agent to receive DMCA Notices is:

 

 
 
 
 
   

Coach M Pryor LLC

315 S Coast Hwy 101, Ste U37
ENCINITAS CA 92024
Attn: Copyright Officer
contactus@hikingbingo.com

 

  • If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Store is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

 

  • It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

  1. PROHIBITED USES

 

  • You may use the Store only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Store:

 

  • in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

 

  • for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

 

  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

 

  • to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or

 

  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm Company or users of the Store, or expose them to liability.

 

  • In addition, you agree not to:

 

  • use the Store in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Store, or that could damage, disable, overburden, or impair the functioning of the Store;

 

  • use any robot, spider, crawler, scraper, or other automated means or interface to access the Store or extract other user’s information;

 

  • use or develop any third-party applications that interact with the Store or other users’ content or information without our written consent;

 

  • use or attempt to use another user’s account, username, or password without their permission;

 

  • solicit login credentials from another user;

 

 

  • upload viruses or other malicious code or otherwise compromise the security of the Store

 

  • attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Store that you are not authorized to access;

 

  • probe, scan, or test the vulnerability of the Store or any system or network; or

 

  • encourage or promote any activity that violates these Terms of Use.

 

  1. RELIANCE ON INFORMATION POSTED

 

  • The information presented on or through the Store is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Store, or by anyone who may be informed of any of its contents.

 

  • The Store may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

  1. PRIVACY

 

Your privacy matters to us. You can learn how we handle your information when you use the Store by reading our Privacy Policy. You should review the Privacy Policy carefully because, by using our Services, you agree that Company can collect, use, and share your information consistent with that policy.

 

  1. CHANGES TO THE STORE

 

We are always trying to improve our Store and offer new products. Therefore, we may add or remove features, products, or functionalities, and we may also suspend or stop the Store altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

 

  1. THIRD-PARTY SERVICES

 

Some services, features, or functionalities of the Store may be operated by a third-party. Where a third-party service is made available through our Store, that parties terms will govern your relationship. Company is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

 

  1. DISCLAIMER

 

YOUR USE OF THE STORE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE STORE IS AT YOUR OWN RISK. THE STORE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE STORE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE STORE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE STORE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE STORE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE STORE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE STORE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE STORE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE STORE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH COMPANY WILL BE RESPONSIBLE FOR.

 

  1. LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE, OR INABILITY TO USE, THE STORE; (B) ANYTHING LINKED TO THE STORE; (C) ANY CONTENT ON THE STORE OR SUCH OTHER LINKS; (D) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE STORE; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOU CONTENT; INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID COMPANY, IF ANY, IN THE LAST TWELVE (12) MONTHS.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. INDEMNIFICATION

 

You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Store, including, but not limited to, any content you submit or provide, any use of the Store’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Store.

 

  1. GOVERNING LAW AND JURISDICTION

 

All matters relating to the Store and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

 

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Store shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego and County of San Diego, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

  1. ARBITRATION

 

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Store, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

 

  1. LIMITATION ON TIME TO FILE CLAIMS

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE STORE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

  1. WAIVER AND SEVERABILITY

 

No waiver by Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

  1. ENTIRE AGREEMENT

 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Coach M Pryor LLC regarding the Store and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Store.

 

  1. YOUR COMMENTS AND CONCERNS

 

This Store is operated by Coach M Pryor LLC, 315 S Coast Hwy 101, Ste U37, Encinitas, CA 92024.

 

All notices of copyright infringement claims should be sent to the copyright agent designated in Section 8 in the manner and by the means set out therein.

 

All other feedback, comments, and other communications relating to the Store should be directed to: contactus@hikingbingo.com.