Slabdeck Terms of Service

(https://www.Slabdeck.com/termsofservice)

Subject to applicable laws and regulations, Slabdeck® (SLABDECK) may change these Terms of Use at any time without notice.

Changes will be posted on the SLABDECK App and/or sent to you via email and such changes shall be effective immediately. You agree to review the App periodically to be aware of any such amendments. Your continued use of the App after such amendments have been made shall constitute acceptance of the amendments.

If any of these changes are unacceptable, you are not authorized to access the SLABDECK App and should delete the App from your device.

These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms.

Table of Contents

  1. Eligibility
  2. Privacy
  3. Member Registration Obligations
  4. Content on Slabdeck
  5. Your Rights
  6. Using Slabdeck
  7. Password/Account Access Rights and Responsibilities
  8. Earning Slabdeck Incentives
  9. Redeeming Incentives
  10. Expiration of Slabdeck App Incentives
  11. Member Conduct
  12. Anti-Hacking Provision
  13. Termination
  14. Disclaimer of Warranties and Liabilities
  15. Links to Other Entities From the Slabdeck App
  16. User Content
  17. Idemnification
  18. Disputes
  19. ADDITIONAL LEGAL TERMS – USER’S AGREEMENT TO THESE TERMS OF USE

 

1. ELIGIBILITY

Accounts in the SLABDECK App are limited to individuals only. Corporations and other business entities are not eligible.

Use of automated services or machines is not permitted.

Use of the App requires you to establish an account and is limited to one (1) account per person, even if the individual has multiple e-mail addresses.

Users must be at least 13 years old. Users must be 13 years of age or older to use the SLABDECK App. By using the SLABDECK App you represent that you are 13 or older. If Slabdeck discovers that a user under 13 years of age has created an account, or that a user or visitor under 13 years of age has posted personally identifiable information or other content to the SLABDECK App, Slabdeck will terminate the account and remove the information or other content.

Users between 13 and 18 need permission from a parent or guardian. Users between 13 and 18 years of age may utilize the SLABDECK App with parent or guardian’s approval.

2. Privacy

Our Privacy Policy (https://www.Slabdeck.com/privacy) describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, Ireland, and/or other countries for storage, processing and use by Slabdeck and its affiliates.

 

3. MEMBER REGISTRATION OBLIGATIONS

As part of the registration process, you must provide SLABDECK with accurate, complete, and updated information, including your first name, last name, and a valid email address. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of your access to the app and forfeiture of incentive payments. Please see our Privacy Policy & Cookie Notice for information regarding how this information will be used and maintained.

As part of the registration process you must select a password. You are responsible for maintaining the confidentiality of the password used to log into the SLABDECK App and you accept responsibility for all activities, charges and damages that occur in relation to your account. You shall promptly contact SLABDECK if you believe there has been unauthorized use of your account.

In order to prevent unauthorized activity or access to your SLABDECK App account, you must provide your e-mail address and selected password in order to update your profile information, update personal information (name, e-mail address, etc.) and redeem incentives.

You agree to abide by all applicable laws and regulations with respect to your SLABDECK App account.

4. Content on Slabdeck

You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.

Slabdeck respects the intellectual property rights of others and expects users of the Services to do the same. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us, as described in our Copyright policy (https://support.Slabdeck.com/articles/15795). If you believe that your Content has been copied in a way that constitutes copyright infringement, please report this by visiting our Copyright reporting form (https://support.Slabdeck.com/forms/dmca) or contacting our designated copyright agent at:

Slabdeck, Inc.
Attn: Copyright Agent
1355 Market Street, Suite 900
San Francisco, CA 94103
Reports: https://support.Slabdeck.com/forms/dmca
Email: copyright@Slabdeck.com

Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. What’s yours is yours — you own your Content (and your photos and videos are part of the Content).

By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Slabdeck to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Slabdeck, or other companies, organizations or individuals, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

Slabdeck has an evolving set of rules for how ecosystem partners can interact with your Content on the Services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your Content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your Content in order to adapt the Content to different media. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

5. Using the Services

Please review the Slabdeck Rules, which are part of the User Agreement and outline what is prohibited on the Services. You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.

Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, suspend or terminate users, and reclaim usernames without liability to you.

In consideration for Slabdeck granting you access to and use of the Services, you agree that Slabdeck and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Slabdeck’s computer systems, or the technical delivery systems of Slabdeck’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Slabdeck (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Slabdeck (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Slabdeck is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, 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 Slabdeck, its users and the public. Slabdeck does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

If you use developer features of the Services, including but not limited to Slabdeck for Websites (https://dev.Slabdeck.com/web/overview), Slabdeck Cards (https://dev.Slabdeck.com/cards/overview), Public API (https://dev.Slabdeck.com/streaming/public), or Sign in with Slabdeck (https://dev.Slabdeck.com/web/sign-in), you agree to our Developer Agreement (https://dev.Slabdeck.com/overview/terms/agreement) and Developer Policy (https://dev.Slabdeck.com/overview/terms/policy). If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services or Content on the Services, you must use the interfaces and instructions we provide, except as permitted through the Slabdeck Services, these Terms, or the terms provided on dev.Slabdeck.com.

If you use advertising features of the Services, you must agree to our Slabdeck Master Services Agreement (https://ads.Slabdeck.com/terms).

If you use commerce features of the Services that require credit or debit card information, such as our Buy Now feature, you agree to our Slabdeck Commerce Terms (https://support.Slabdeck.com/articles/20171943).

 

6) PASSWORD/ACCOUNT ACCESS RIGHTS AND RESPONSIBILITIES

SLABDECK may act upon any instructions received under your password and e-mail address without further verification.

SLABDECK cannot and will not be liable for any incentive credits or debits made to your account by anyone who uses your password.

7) EARNING SLABDECK INCENTIVES

You agree to receive invitations to participate in Slabdeck rewards from SLABDECK via email and the SLABDECK App “push/badge” notification system.

You may earn incentives when you use the app. The amount or type of incentives that can be earned will be stipulated in each item in the offers tab.

You will receive the incentive only for completing noted offers tab reward unless the offers tab reward stipulates otherwise.

When you watch a video, you are expected to pay attention and we are not liable for any user that plays videos on a loop just to collect Slabdeck rewards.

Slabdeck rewards were created to reward the user for things they already do on an app, and they should not be abused in any way.

If you begin, then save a Slabdeck rewards to complete at a later time or date, you acknowledge that Slabdeck rewards respondent quotas may fill up, resulting in the Slabdeck rewards being closed and preventing you from being able to complete the Slabdeck rewards. You will not be entitled to any incentive if a Slabdeck rewards closes before you submit the completed Slabdeck rewards.

You will receive $1 per friend referral and your friend will also receive $1. This system only works if your friend downloads with your referral link. You can refer as many friends as you like as there is no limit, however, the maximum amount you can be rewarded is $10 per $25 cash out period. Any additional referral reward will roll over into your next $25 cash out period. You do not lose these referral dollars in any capacity, they just roll over into the next period.

8) REDEEMING INCENTIVES

Cash Incentives. For Slabdeck rewards with cash incentives (such as referrals), you are not entitled to receive payment of any such cash rewards until your account reaches a minimum balance of $25.00 US.

Cash incentives are paid through PayPal only.

SLABDECK App Rewards users through a point system where 100 points is equal to $1 US. Points can be redeemed into cash at the 2500 point threshold.

SLABDECK App account balances and/or incentives are not transferable by gift, upon death, as part of a domestic matter, or otherwise.

SLABDECK App incentives and accounts may not be auctioned, traded, bartered or sold.

Your SLABDECK App account may not be merged with the account of any other Member under any circumstances.

SLABDECK reserves the right to change the incentive program to include different types of awards other than cash, such as an award points system. In the event that the incentive program is changed from cash to a points system, you will be given equal value in points for the existing balance in your account.

9) EXPIRATION OF SLABDECK APP INCENTIVES

If your account has been inactive for more than 365 consecutive days from the last date of activity, one hundred percent (100%) of any SLABDECK App incentives remaining in your account will be forfeited.

10) INTELLECTUAL PROPERTY RIGHTS AND UNLAWFUL USE

The Content may be used only for the purposes expressly set forth in the applicable Service Agreement and in accordance with applicable laws and regulations.

The SLABDECK App is the property of MFour Mobile Research, Inc. or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the App and within the Content, including the name SLABDECK are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the App may be registered or unregistered marks of SLABDECK or others.

You agree that you will not copy, share or replicate any of the information, questions, images or videos provided during Slabdeck rewards, (the “Content”). Such action is a material violation of this Terms of Use and will result in immediate termination of your right to access and use the SLABDECK App as well as potential civil penalties.

Nothing contained in the App should be construed as granting any license or right by implication, estoppel or otherwise to use any of the Marks displayed on the App without the express written permission of SLABDECK or a third-party owner of such Marks. You shall honor all reasonable requests by SLABDECK to protect the proprietary interests of SLABDECK in the App and the Content.

Illegal and unauthorized uses of the Marks or any other Content are strictly prohibited.

11) MEMBER CONDUCT

You agree to not use the SLABDECK App to:

Violate applicable law;

Impersonate any person, or misrepresent your identity;

Interfere with, disrupt or violate the terms and conditions and operating rules of the SLABDECK App or servers or networks connected to SLABDECK; or disobey any requirements, procedures, policies, or regulations of such networks;

Interfere with another Member’s use of the SLABDECK App;

Attempt to gain unauthorized access to the SLABDECK App, or to any other accounts, Web Sites, computer systems, or network;

Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;

Use the SLABDECK App to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;

Provide access to the SLABDECK App to others using your personal account.

You agree to provide truthful and appropriate answers to all Slabdeck rewards questions and requests for personal or demographic information. SLABDECK reserves the right to withhold cash or non-cash incentives to you if SLABDECK determines, in good faith, that your responses to Slabdeck rewards questions are not truthful or appropriately considered.

12) ANTI-HACKING PROVISION

You expressly agree not to use the SLABDECK App to:

Launch or attempt to launch any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data-mining,” “computer code” or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire,

Copy, or monitor any portion of the App, any data or Content found on or accessed through the App or any Other Content without the prior express written consent of SLABDECK;

Obtain or attempt to obtain through any means any materials or information on the App that have not been intentionally made publicly available either by their public display on the App or through their accessibility by a visible link on the App;

Violate the restrictions in any robot inclusion headers on this App or in any way bypass or circumvent any other measure employed to limit or prevent access to the App or its Content; violate the security of the App or attempt to gain unauthorized access to the App, data, materials, information, Web Sites, computer systems or networks connected to any server, through hacking, password mining or any other means;

Interfere or attempt to interfere with the proper working of the App or any activities conducted on or through any Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the App;

Take or attempt any action that, in the sole discretion of SLABDECK, imposes or may impose an unreasonable or disproportionately large load or burden on the infrastructure of SLABDECK

13) TERMINATION

This Agreement, and your account, may be terminated as follows:

Member Termination. You have the right to terminate this Agreement and your SLABDECK App account at any time by deleting the application from your mobile device. Inactive accounts will be automatically closed after 365 consecutive days of inactivity.

SLABDECK Termination. SLABDECK may terminate this Member Agreement and your SLABDECK App account effective immediately and without prior notice, for any reason, including, without limitation, inactivity, failure to provide accurate information or valid Slabdeck rewards responses, or if SLABDECK believes in its sole discretion that you have violated or acted inconsistently with this Member Agreement.

14) DISCLAIMER OF WARRANTIES AND LIABILITY

You are entirely liable for activities conducted by you in connection with your use of the SLABDECK App. If you are dissatisfied with the App or with these Terms of Use, your sole and exclusive remedy is to cease using the App. Neither SLABDECK nor any third-party provider will pay you any damages in connection with your access or non-access to the SLABDECK App.

Neither SLABDECK, their affiliates, nor their third-party providers guarantee the accuracy, completeness, timeliness or availability of any Content provided through this App. SLABDECK, their affiliates, third-party providers, their directors, officers, shareholders, employees and agents are not responsible for any errors or omissions, regardless of the cause, or for the results obtained from the use of such information.

SLABDECK, SLABDECK AFFILIATES AND THIRD-PARTY PROVIDERS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

In no event shall SLABDECK, their affiliates or their third-party providers and their directors, officers, shareholders, employees or agents be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs) in connection with any use of such information or the SLABDECK App even if SLABDECK has been advised of the possibility of such damages.

15) LINKS TO OTHER ENTITIES FROM THE SLABDECK APP.

You may, through hypertext or other computer links on the App, gain access to Web sites operated by persons other than SLABDECK. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such Web sites’ owners. You agree that SLABDECK is not responsible for the content or operation of such Web sites, and that SLABDECK shall have no liability to you or any other person or entity for the use of third-party Web sites.

Except as described below, a hyperlink from this app to another Web site does not imply or mean that SLABDECK endorses the content on that Web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other Web sites to which you link from this app. SLABDECK assumes no responsibility for the use of third-party software on the Web Site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

16) USER CONTENT

The User grants to SLABDECK the non-exclusive and perpetual right to use all Content entered into or on the App by the User (other than User Registration Information) in any medium and for any purpose.

Users posting Content on the App are responsible for the content of that material. SLABDECK has no responsibility for User Content or for the content of any messages or information posted by Users or others, or for the content of information accessible on the Internet, even if accessed via direct or indirect hyperlinks from the App. However, SLABDECK retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete User Content that SLABDECK deems to be illegal, offensive, or otherwise inappropriate.

The User is solely responsible for all access to, usage of, or activity on, such User’s account/profile including, but not limited to, use of the account/profile by any person who uses your password to access the SLABDECK App, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible.

The User agrees not to post, upload, transmit, send or otherwise make available on or through the App any Content which such User is bound not to disclose by agreement, contract, fiduciary duty, employment relationship, or otherwise, including but not limited to, insider information, proprietary and/or confidential information, trade secrets or Content that infringes upon any third-party’s rights.

The User agrees to indemnify SLABDECK and any third-party data providers, from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that SLABDECK, its affiliates, employees, and authorized representatives may incur as a result of any claim arising out of User Content posted using your email address and password, including without limitation, that which violates these Terms of Use and/or applicable laws.

17) INDEMNIFICATION

You agree to indemnify and hold harmless Slabdeck and its current and future subsidiaries, successors, affiliates, licensors, suppliers, co-branders, third-party providers, clients, sponsors, and partners, and the officers, directors, employees, and agents of each of them, from and against any and all claims, losses, costs (including court costs), fees (including legal fees), damages and expenses that any such party may incur as a result of, due to, or arising out of violation by you (or anyone acting under your account or password) of this Member Agreement or the use or misuse of the Slabdeck App by you (or anyone acting under your account or password), or the violation of any rights of another by you (or anyone acting under your account or password).

18) Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Slabdeck exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

If anyone brings a claim against us related to your actions, content or information on Slabdeck, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Slabdeck and are not responsible for the content or information users transmit or share on Slabdeck. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Slabdeck. We are not responsible for the conduct, whether online or offline, of any user of Slabdeck.

WE TRY TO KEEP SLABDECK UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING SLABDECK AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT SLABDECK WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT SLABDECK WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. SLABDECK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR SLABDECK, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR SLABDECK WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SLABDECK’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

19) ADDITIONAL LEGAL TERMS – USER’S AGREEMENT TO THESE TERMS OF USE

Subject to the terms of the applicable Service Agreement and applicable laws and regulations, SLABDECK may discontinue or change the App, or its availability to you, at any time. Your agreement to these Terms of Use survives any such discontinuation.

These Terms of Use, constitute the entire agreement (“Agreement”) between the parties relating to the SLABDECK App and supersedes any and all other agreements, oral or in writing, with respect to the App. The failure of SLABDECK to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California. The parties agree that the State and Federal courts of California shall be the exclusive forums for any dispute arising out of this Agreement and the parties hereby consent to the personal jurisdiction of such courts.

 

EFFECTIVE: MARCH 8, 2019