Effective Date: September 14, 2021
BY CLICKING “I AGREE”, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. THESE TERMS ARE A LEGALLY BINDING AGREEMENT. WE RESERVE THE SOLE RIGHT AT ANY TIME TO MODIFY, DISCONTINUE, OR TERMINATE YOUR ACCESS TO THE APP AND THE SERVICES, OR TO CHANGE, ADD, OR DELETE PORTIONS OF THESE TERMS WITHOUT NOTICE EXCEPT AS OTHERWISE SET FORTH HEREIN. WE WILL NOTIFY YOU OF CHANGES TO THESE TERMS VIA A NOTIFICATION TO YOUR ACCOUNT. YOUR
CONTINUED USE OF THE APP OR THE SERVICES AFTER ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS.
2. AGE REQUIREMENT
You represent that you are at least 18 years of age or older. Additionally, you cannot access or use the App or the Services if you have previously been suspended or removed from the Services.
3. CREATING AN ACCOUNT
Full use of the Services requires that you create an account by providing us with information such as your full name, date of birth and a valid email address, as well as a strong password. You may not share your account with a third party. You are responsible for all activity that occurs in association with your account. Parry is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. Please contact us at: email@example.com if you discover or suspect any security breach related to the Services or your account. You represent that any information provided by you is accurate, complete and current, and you agree to update that information promptly if there is any change. You agree that you are responsible for any communications, transactions or use of the Services that are made by or through your account, together
with any fees, charges, liability or other obligation that may result from such use. You are responsible for changing your password if you believe that the password has been stolen or might otherwise be misused or compromised. You may not assign any of your rights under these Terms without our prior written consent, and any attempted assignment without such consent shall be void.
4. LICENSE TO USE THE SERVICES
Subject to your payment of the applicable fees due hereunder, Parry hereby grants to you the following rights and license to use the Services.
Parry grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (1) access and use the Services, (2) access and view the Parry Content (as defined below). This license is provided solely for your personal, noncommercial use and enjoyment of the Services as permitted in these Terms. You will not use, sublicense, copy, adapt, modify, translate, disclose, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Parry Content, Services, or any portion thereof (including
any third-party software), except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Parry or its licensors, except for the licenses and rights expressly granted in these Terms. The Services may require you to enter certain geo tracking or location data as well as information for your contacts (e.g., telephone number, name, etc.) (collectively, “Your Data”). You represent and warrant that: (i) you have obtained all necessary approvals to enter Your Data; and (ii) Parry’s use of Your Data for
the purposes of providing the Services will not violate any applicable laws, rules or regulations (“Laws”) including data protection and privacy Laws. You represent and warrant that your use of the Services will not (a) violate a third party’s right of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be threatening or promote violence or actions that are threatening to any person or entity; or (g) promote
illegal or harmful activities or substances. You further agree not to use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our subscribers to any harm or liability of any type. You agree that you will not directly or indirectly, for your own benefit or the benefit of a third party, create any services in any manner that may be construed to compete with our Services. Full use of the Services is dependent upon your use of a supported mobile device and Internet access via WiFi or cellular networks. You are responsible for all Internet access charges. Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (1) use Parry’s name, any Parry trademark or logo, or any Parry proprietary information without Parry’s express written consent; (2) access or tamper with non-public areas of the Services, Parry’s computer systems, or the technical delivery systems of Parry’s providers; (3) test the vulnerability of any Parry system or breach any security or authentication measures; (4) circumvent any technological measure implemented by Parry or any of Parry’s providers or any other third party (including another subscriber) to protect the Services; or (5) access the Services or Parry Content through the use of any mechanism other than through the use of the Services
In consideration for the license to the Services granted hereunder, you agree to pay an Parry a weekly, monthly or annual subscription fee (the “Subscription Fee”). The Subscription Fee amount, as well as your indication to pay weekly, monthly or annually is set forth on the web page order form (the “Order Form”). All Subscription Fees are due in advance. We may increase the applicable Subscription Fee by providing you written notice of the increase not less than sixty (60) days prior to the effective date of the applicable increase. For any annual subscription, the Subscription Fee increase will not go into effect until the beginning of your next annual period. If you object to any increase in the applicable Subscription Fee, you may terminate your subscription in accordance with the terms hereof. Parry collects Subscription Fees using a third party payment processor (e.g., Stripe, Authorize.net, etc.).
As a condition to conducting a transaction, you may be required to agree to the third party payment processor’s terms and conditions. Third party payment processors may require Parry to obtain, verify and record information that identifies each subscriber who opens an account. When a payment account is opened, we may ask for your name, address, date of birth and other necessary information that will allow us to identify you.
You agree that we may charge your payment method on a weekly, monthly or annual basis (as indicated by you) in advance for the applicable Subscription Fee, including any applicable taxes. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL SUBSCRIPTION FEES AND FOR PROVIDING US WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL SUBSCRIPTION FEES. You agree that we may charge all fees to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided in your account information. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not
provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately discontinue your subscription to the Services. You agree not to cause your credit or debit card company to reverse or “chargeback” any fees charged in accordance with these Terms; and in the event you do so, we may terminate your account and your use of the Services, and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our
discretion in good faith. All Services subscriptions will automatically renew at the end of each weekly, annual or monthly period for an identical period (each being a “Renewal”). If you proceed with a Renewal, the method of payment used to pay your Subscription Fees will be debited automatically prior to the commencement of the applicable Renewal period. You acknowledge that, if we change the Subscription Fee, this will not affect
your existing subscription but will apply only prospectively to your next Renewal period.
You may cancel your subscription at any time upon the expiration of your Subscription Fee period simply by locating the subscription settings on your phone (e.g., generally for iPhones, “Settings” > “Apple ID” > “Subscriptions” > “Parry” and selecting “Cancel Subscription.” In the event of a cancellation, we will not refund to you any Subscription Fees.
6. OUR RIGHTS
“Parry Content” includes any photos, images, graphics, video, audio, data, text, music, comments, software, works of authorship of any kind, and other information, content, or other materials that are posted, generated, provided, or otherwise made available through the Services. Parry Content, the App, the Services, and their underlying technology are protected by copyright, trademark, intellectual property, and other laws of the United States and foreign countries. We reserve all rights not expressly set forth in these Terms. You agree not to remove, change or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or the Parry Content. Our logos and any other Parry trademarks that may appear on the Services, and the overall look and feel of the Services, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission. Other trademarks, product, and
service names and company names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
7. SUPPORT AND AVAILABILITY
Parry provides email support at: firstname.lastname@example.org. Parry will use good faith efforts to provide 100% availability for the App and the Services, but cannot guarantee such availability. Parry disclaims any liability for any losses, costs, or expenses incurred by you due to the unavailability of the App or the Services.
8. OUR ENFORCEMENT RIGHTS
We reserve the right (but are not required) to remove or disable your access to the App and the Services at any time and without notice, and at our sole discretion, if we determine that your use of the App or the Services is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Services, and in response may take any action we may deem appropriate.
9. USE THE SERVICES AT YOUR OWN RISK
If you rely on the App or the Services, you do so solely at your own risk.
Our goal is to provide helpful and accurate information, but we make no endorsement, representation, or warranty of any kind about any the App, the Services, or any information, data, or results that you may receive through use of the App or the Services. The data collected and presented through the Services, including the geo tracking data may not be accurate. We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the App or the
Services. The App and the Services may change from time to time. Use of the App and the Services should not replace your good judgment and common sense.
10. FEEDBACK AND SUBMISSIONS POLICY
If you submit comments, ideas, or feedback to us, you agree that we can use, disclose, reproduce, distribute, and exploit them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by Parry, or obtained from sources other than you.
11. ALERTS AND NOTIFICATIONS
As part of your use of the App and the Services, you may receive notifications, text messages, alerts, emails, and other electronic communications. You agree to the receipt of these communications. You can control most communications from the Services by using your account settings. We may need to provide you with certain communications, such as service announcements and administrative messages. You are responsible for any messaging or data fees you may be charged by your wireless carrier. Any notices,
agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.
12. THIRD-PARTY SERVICES
The App and the Services may display or permit linking or other access to or use of third-party content, promotions, websites, apps, services and resources (collectively “Third-Party Services”) that are not under Parry’s control. We provide these links only as a convenience and are not responsible for the products, services, or other content that are available from Third-Party Services. You acknowledge that any Third-Party Services that you use in connection with the App or the Services are not part of the Services and are not controlled by Parry, and you take sole responsibility and assume all risk arising from
13. CHANGES TO THE SERVICES
Parry may change or discontinue, temporarily or permanently, any feature, component, or content of the Services at any time without notice. Parry is not liable to you or to any third party for any modification, suspension, or discontinuance of any feature, component, or content of the Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by Parry products without prior notice to you.
We reserve the right to suspend or deactivate your account or your access to certain aspects or all of the Services, or to terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such suspension, deactivation, or termination, we may delete or remove Your Data and other information related to your account. You may close your account at any time by contacting us at: email@example.com. Upon any termination of these Terms or suspension, termination, or discontinuation
of the Services or your account, the following provisions of these Terms will survive: Sections 1, 2, 3, 6, 9, 10, 11, 12, and 14 through 19.
THE SERVICES, APP AND PARRY CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that
the Services, App or Parry Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services, any Parry Content, or results you obtain by using the Services. Please be advised that the Services and the App are not a substitute for good judgment, notifying law enforcement services, or ensuring your safety. If you are ever in danger or believe you may be danger, call 911 immediately.
You will indemnify and hold harmless Parry and its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the App and the Services, (ii) Your Data, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other
provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
17. LIMITATION OF LIABILITY
NEITHER PARRY, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE APP OR THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PARRY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL PARRY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO PARRY FOR USE OF THE SERVICES WITH THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR INITIAL CLAIM. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PARRY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
18. DISPUTE RESOLUTION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute between you and Parry arising out of or relating to these Terms, the App, or the Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below Governing Law. Except as otherwise required by applicable law, the Terms and the resolution of any
Disputes shall be governed by and construed in accordance with the laws of the State of North Carolina without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or your use of the Services. Informal Dispute Resolution. We want to address your concerns without needing a formal legal case. Before filing a claim against Parry, you agree to try to resolve the Dispute informally by contacting us at firstname.lastname@example.org. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Parry may bring a formal proceeding. We Both Agree To Arbitrate. You and Parry agree to resolve any Disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting us at
email@example.com within 30 days of first accepting these Terms and stating that you (include your first and last name) decline this arbitration agreement. Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under
its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Raleigh, North Carolina, or any other location we agree to. Arbitration Fees. The AAA rules will govern payment of all arbitration fees. Parry will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. Exceptions to Agreement to Arbitrate. Either you or Parry may assert claims, if they qualify, in small claims court in Raleigh, North Carolina. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or the App, or infringement of intellectual property rights (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the
informal dispute-resolution process described above.
No Class Actions. You may only resolve Disputes with Parry on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.
Judicial Forum for Disputes. Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and Parry agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts located in Raleigh, North Carolina. Both you and Parry consent to venue and personal jurisdiction there. We each agree to waive our right to a jury trial.
Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or the App must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
19. GENERAL TERMS
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Parry and you regarding your use of the App and the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Parry and you regarding your use of the App and the Services. We will notify you before we make material changes to these Terms and give you an opportunity to review the revised Terms before continuing to use the Services. When you use the Services after a modification becomes effective, you are telling us that you accept the modified Terms. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without Parry’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Parry may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. Any notices or other communications provided by Parry under these Terms, including those regarding modifications to these Terms, will be given via email, electronic communication, or text message, or (ii) by notification from the App. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
Parry’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Parry. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.
You may contact us at: firstname.lastname@example.org or at our mailing address below.
Parry App, LLC
9650 Strickland Road, Suite 103-419
Raleigh, NC 27615