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Terms of Use: Hex Duel

Last Updated: April 2, 2024

Marauder Tech, LLC (“we, us, our, ours, etc.”) is the owner and operator of the Hex Duel mobile
application and all affiliated websites and services provided thereon (“App”). We are the owner
of all games, text, images, graphics, photographs, audio, video, buttons, icons, animations, data,
messages, software, content, information, or materials on the App (“Materials”). These Terms of
Use constitute a legal contract that establishes the relationship between you, the user, (“you,
your, yours, etc.”) and us as it relates to your access to and use of the App. By accessing or using
the App, you accept and agree to our website policies, including these Terms of Use, and you
certify to us that (a) you are eighteen (18) years of age or older, and are at least the age of
majority in your jurisdiction, (b) you have the legal capacity to enter into and agree to these
Terms of Use, (c) you are using the App freely, voluntarily, willingly, and for your own personal
enjoyment, and (d) you will only provide accurate and complete information to us and promptly
update this information as necessary to maintain its accuracy and completeness.


We reserve the right to revise these Terms of Use at any time. You agree that we have this
unilateral right, and that all modifications or changes are in force and enforceable immediately
upon posting. The updated version supersedes any prior versions immediately upon posting, and
the prior version is of no continuing legal effect unless the revised version specifically refers to
the prior version and keeps the prior version or portions thereof in effect. We agree that if we
change anything in these Terms of Use, we will change the “Last Updated” date at the top of
these Terms of Use. You agree to re-visit this page on a frequent basis, and to use the “Refresh”
or “Clear Cache” function on your browser when doing so. You agree to note the date above. If
the “Last Updated” date remains unchanged from the last time you reviewed these Terms of Use,
then you may presume that nothing in these Terms of Use has changed since the last time you
visited. If the “Last Updated” date has changed, then you must review the updated Terms of Use
in their entirety. You must agree to any updated Terms of Use or immediately cease use of the
App. If you fail to review these Terms of Use as required to determine if any changes have been
made, you assume all responsibility for such omission, and you agree that such failure amounts
to your affirmative waiver of your right to review the updated terms. We are not responsible for
your neglect of your legal rights. 


1. Accounts

A. Registration

All users may register for a single account on the App, provided you meet the requirements set
forth herein and otherwise abide by these Terms of Use.


B. Accuracy

If you fail to provide the required information, if we reasonably believe that you have provided
false, misleading, inaccurate, incomplete, not current, or otherwise incorrect information to us, if
you fail to promptly update such information to maintain its accuracy and completeness, or if we

or any of our authorized agents have reasonable grounds to suspect that a violation of this
provision has occurred, we may reject, suspend, or terminate your account, as well as subject you
to criminal and civil liability. Acceptance of registration is subject to our sole discretion. While
we may require you to provide additional information as necessary to verify the accuracy of your
identity and the information you provide to us, you understand and agree that we do not sponsor
or endorse any user or any content that any user submits through our chat functions (“Chats”).


C. No Account Sharing

You will not use, attempt to access, or ask for the login credentials for any third party’s account
at any time. You will not allow any third party to access or use your account at any time, nor
provide any third party with your login credentials. We will not be liable for any loss that you
may incur as a result of any third party that uses your password or otherwise accesses your
account, either with or without your knowledge. You will be liable for losses incurred by us or
any third party due to release of account credentials to unauthorized persons.


D. Termination by You

You may delete your account by clicking “Delete Account” in your account settings. You will
not assign, transfer, sell, or share your membership to the App. If you do, both you and any
unauthorized user are jointly and severally liable for any fees that will be due.


E. Termination by Us

We may suspend or terminate your account, membership, and any licenses herein, at any time,
for any reason, in our sole discretion, including if you violate these Terms of Use or if your
account becomes inactive for more than six months. If we terminate your account, you will be
responsible for all charges to your account at the time of termination. We are not responsible for
preserving terminated account information which may be permanently deleted in our discretion.


2. Grant of Rights

A. Materials

You understand that all we are offering you is access to and use of the App and the Materials, as
we provide them from time to time. You need to provide your own access to the Internet,
hardware, and software, and you are solely responsible for any fees that you incur to access or
use the App. All users may access and use certain public areas of the App, including the practice
areas of the games, free of charge. We grant all users a limited, nonexclusive, revocable, and
nontransferable personal license to access and use only those Materials provided on free areas of
the App for private, non-commercial purposes. This free license does not include a license to
access or use paid areas of the App or the Materials therein. We reserve the right to limit the
amount of Materials viewed or features available to you. Your license to access and use the
Materials and the Chats is not a transfer of title. You will not copy or redistribute any Material or
the Chats, and you will prevent others from unauthorized access, use of, or copying of the
Materials and the Chats.

B. Chats

Except for personally identifiable information covered under our Privacy Policy, we will
consider the Chats non-confidential and nonproprietary. We will have no obligation regarding
the Chats, and we do not guarantee any confidentiality for the Chats. You retain all ownership
rights in the Chats, and you are solely responsible for your Chats and the consequences of
posting them to the App. You grant us a worldwide, perpetual, nonexclusive, royalty-free,
sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of,
display, and perform the Chats for our business (and the business of our successors), including
for promoting and redistributing any part of the App (and derivative works of it) in any media
formats and through any media channels for the purposes set forth in these Terms of Use. This
license shall include the right to copy and transfer the Chats to any of our affiliate, related, or
partner sites, and to post the Chats on different pages of the App at our sole discretion. We may
freely use the Chats for any purpose.


3. Acceptable Use Policy

A. Prohibited Uses for All Users

You agree that you will only use the App for purposes expressly permitted and contemplated by
these Terms of Use. You may not use the App for any other purposes without our express prior
written consent. Without our express prior written authorization, you will not: 
 

  • use the App for any purpose other than as offered by us, including in any way that is violative of these Terms of Use, credit card association standards, or any applicable law, regulation, or treaty of any applicable governmental body, including:

    • laws prohibiting illegal gambling;

    • intellectual property rights laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property rights, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property right indications and notices;

    • laws against obscene, lewd, defamatory, or libelous speech; and

    • laws protecting confidentiality, privacy rights, publicity rights, or data protection.

  • fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.

  • link to the App on any third-party website in any way that is illegal, unfair, or damages or takes advantage of our reputation, including any link which establishes or suggests a form of association, approval, or endorsement by us where none exists.

  • post, upload, or share Chats that are harmful, inaccurate, threatening, abusive, vulgar, violent, indecent, sexually explicit, harassing, hateful, menacing, scandalous, inflammatory, blasphemous, racially or ethnically offensive, likely to cause annoyance, intimidation, alarm, embarrassment, distress, discomfort, or inconvenience, otherwise objectionable or inappropriate.

  • post, upload, or share Chats with the intent to extort money or other benefit from a third party in exchange for removal of the Chats.

  • post, upload, share, or collect Chats containing the telephone numbers, street addresses, last names, email addresses, URLs, geographic location, or any other personal information about users or third parties without their consent.

  • use slang, acronyms, abbreviations, emojis, GIFs, or other media to communicate any activity that violates these Terms of Use.

  • engage in antisocial, disruptive, or destructive behavior, including “doxing,” “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.

  • access the accounts of other users.

  • engage in any fraudulent activity, including impersonating any real or fictitious third party, falsely claiming affiliation with any third party, misrepresenting the source, identity, or contents of your Chats.

  • engage in platform manipulation, including utilizing bots or other fraudulent means to gain an unfair advantage.

  • circumvent, disable, damage, or otherwise interfere with the operations of the App, any user’s enjoyment of the App, or our security-related features or features that prevent, limit, restrict, or otherwise enforce limitations on the access to, use of, or copying of the App, by any means, including posting, linking to, uploading, or otherwise disseminating viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.

  • reverse engineer, decompile, disassemble, or otherwise discover the source code of the App or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.

  • access or use any automated process (such as a robot, spider, scraper, or similar) to access or use the App in violation of our robot exclusion headers or to scrape all or a substantial part of the App (other than in connection with bona fide search engine indexing or as we may otherwise expressly permit).

  • modify, adapt, translate, or create derivative works based on the App, except and only if applicable law expressly permits that activity despite this limitation.

  • commercially exploit or make available, mirror, or frame the App.

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.

  • attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.

Engaging in any Prohibited Use will be considered a breach of these Terms of Use and may
result in immediate suspension or termination of the user’s account and access to the App or the
platform without notice, in our sole discretion. We may pursue any legal remedies or other
appropriate actions against you if you engage in any of the above Prohibited Uses or otherwise
violate these Terms of Use or any international, foreign, or domestic laws, including civil,
criminal, or injunctive relief, termination of your account.


B. Reporting The Chats and User Activities
If you are aware of any Chats on the App which, or any user engaging in activities that, violate
these Terms of Use, please provide as much detail as possible to info@maraudertech.net,
including a description of the objectionable Chats or the location where they may be found, the
username of the individual engaging in suspicious activities, the date and time of identification,
the reason we should remove the objectionable Chats or investigate the activities, and a
statement certifying the accuracy of the information you provided to us.


C. Law Enforcement
We will fully cooperate with law enforcement authorities or orders from courts of competent
jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of
these Terms of Use, in accordance with our privacy policies, law enforcement policies, and
applicable law or regulation. If we receive a subpoena, discovery request, production order,
search warrant, or court order in response to your activities which causes us to incur legal
expenses, costs, or fees for compliance, you agree to reimburse us for any such legal expenses,
costs, and fees upon our request.


4. Billing

A. Purchases

From time to time, we may allow you to purchase certain upgraded features on the App
including, (i) “Scouting Reports” which provide insight into another player’s game statistics, (ii)
“Cosmetics” which are virtual skins that have no impact on and provide no advantage during

gameplay, and (iii) “Entries” according to our Contest Rules. You agree to pay all fees,
taxes, charges associated with all such purchases, immediately when due in accordance with our
stated billing policy, or that of our third-party billing agent. You understand and agree that all
transactions related to your account are only reported to you through the App, and we are under
no obligation to issue any other report regarding your transactions. You acknowledge such
transactions on your banking statement may display our company name, one of our brand names,
or our third-party billing agent’s name. You understand and agree that you are responsible for all
fees or penalties that are associated with your account. Your account will be deemed past due if
it is not paid in full by the payment due date. Your card issuer agreement may contain additional
terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts
due immediately upon cancellation or termination of your account.


B. Third-Party Processing

We utilize various third-party processors and gateways, and we reserve the right to contract with
additional third-party processors and gateways in our sole discretion to process all transactions
associated with the App. Such third parties may impose additional terms and conditions
governing their processing services. You are responsible for abiding by such terms. We further
disclaim any liability associated with your violation of such terms.


C. Changes to Your Banking Information

You must promptly inform our third-party processors and gateways of all changes, including
changes in your address, debit or credit card, and other banking information used in connection
with transactions through the App. You are responsible for any debit or credit card charge backs,
dishonored checks, and any related fees that we incur with respect to your account, along with
any additional fees or penalties imposed by our third-party processors and gateways.


D. Chargebacks

If you make a purchase on the App that results in a chargeback, we may terminate your account.
You agree to contact us to seek a resolution of any issue before initiating a chargeback.


E. Changes to Our Transaction Methods

We reserve the right to make changes at any time to our transaction methods and our third-party
processors and gateways, including the addition of administrative or supplemental charges for
any feature, with or without prior notice to you.


F. Refunds

You understand and agree that it is our standard policy that all purchases are final and
nonrefundable. We reserve the right to address all refund requests in our sole discretion. In no
instance will a refund be provided where the user initiates a chargeback.

G. Errors and Discrepancies

If you believe an error or discrepancy has occurred in any financial transaction between you and
us, please notify our third-party processors and gateways immediately of such error or
discrepancy. If you do not do so within thirty (30) days after such error or discrepancy first
appears on any account statement, the charge or payment in question will be deemed acceptable
by you for all purposes, including resolution of inquiries made by or on behalf of your banking
institution. You release us from all liabilities and claims of loss resulting from any error or
discrepancy that is not reported within thirty (30) days of the charge or payment being rendered
to you. These terms shall supplement and be in addition to any terms required by our third party
processors and gateways. You are responsible for review and compliance with such entity’s
terms in addition to those contained in these Terms of Use.


H. Fraudulent Use of Credit Cards

We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent
credit card will result in the notification of the appropriate law enforcement agencies and
termination of your account.


I. Anti-Money Laundering

We prohibit and seek to prevent money laundering and the funding of criminal activities. We
train our employees to monitor for suspicious transactions on the App and to review transactions
that meet certain thresholds or criteria. We may provide any evidence of such activities by our
users (and your personally identifiable information as detailed in our Privacy Policy) to
financial regulators or law enforcement, or as otherwise deemed necessary by us.


We may prevent you from creating an account, suspend or terminate your account, refuse to
process any transaction, or request additional information from you if (1) you provide fraudulent
account or payment information, such as impersonating a third party, (2) one or more of your
transactions is flagged, or (3) you are on OFAC’s list of Specially Designated Nationals and
Blocked Persons or a similar sanctions or terrorism watch lists. If you refuse or fail to provide
any requested information in a timely manner, we will terminate your account.


5. Dispute Resolution and Damages

A. Governing Law and Venue

These Terms of Use and all matters arising out of, or otherwise relating to, these Terms of Use
shall be governed by the laws of the United States and the state of Florida, excluding any conflict
of law principles. Any and all disputes must be, without exception, resolved in Orange County,
Florida, and the parties agree to exclusive jurisdiction and venue therein. The parties additionally
agree that this choice of venue and forum is mandatory and not permissive in nature, thereby
precluding any possibility of litigation between the parties with respect to, or arising out of, these
Terms of Use in any other jurisdiction. All parties hereby waive any right to assert the doctrine
of forum non-conveniens or similar doctrines, or to object to venue with respect to any
proceeding brought in accordance with this paragraph or with respect to any dispute under these

Terms of Use whatsoever. You agree to accept service of process by registered or certified mail,
Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your
last known address for any legal action arising from these Terms of Use. Any final judgment
rendered against a party in any action or proceeding shall be conclusive as to the subject matter
and may be enforced in any manner provided by law if such enforcement becomes necessary.


B. Waivers

You hereby waive any right or ability to initiate any class action or collective proceeding along
with any right to trial by jury.


C. Rights to Injunctive Relief

You acknowledge that remedies at law may be inadequate to provide us with full compensation
in the event you breach these Terms of Use, and that we shall therefore be entitled to seek
injunctive relief in the event of any such breach, in addition to seeking all other remedies
available at law or in equity.

 

D. Additional Fees

If we are required to enlist the assistance of an attorney, investigator, collections agent, or other
person to (i) collect any damages or any other amount of money from you, (ii) pursue any claim
against you involving your use of the App or any breach of these Terms, or (iii) defend any claim
brought by you involving your use of the App or any alleged breach of these Terms, then you
additionally agree that you will reimburse us for all fees, costs, and expenses incurred if we
prevail. You understand that even a nominal amount of damages may require the expenditure of
extensive legal fees, travel expenses, costs, and other amounts that may dwarf the damages
themselves. You agree that you will pay these fees and costs.


6. Disclaimers

A. We Disclaim All Warranties

We provide access to and use of the App “as is” and “with all faults.” We make no warranty that
the App will meet your needs or requirements. We disclaim all warranties — express, statutory,
or implied — including warranties of merchantability, fitness for a particular purpose,
workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy,
completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and
warranties that your access to or use of the App will be uninterrupted, timely, secure, error-free,
or that loss of content will not occur, to the greatest extent provided by applicable law. We may
change any of the information found on the App at any time or remove any or all Materials or
Chats thereon. We make no commitment to update the Materials. We make no warranty
regarding any goods or services purchased or obtained through the App or any transaction
entered into through the App. There are no warranties of any kind that extend beyond the face of
these Terms of Use or that arise because of course of performance, course of dealing, or usage of
trade.

B. Use at Your Own Risk

You expressly agree that access to and use of the App is at your own and sole risk. You
understand that we cannot and do not guarantee or warrant that the App will be free of viruses,
malware, worms, Trojan horses, or other code that may manifest contaminating or destructive
properties. We do not assume any responsibility or risk for your access to or use of the Internet,
generally, or the App, specifically. You understand and agree that any Materials or the Chats
downloaded or otherwise obtained through the App is done at your own discretion and risk, and
that you will be solely responsible for any damage to your computer system or loss of data that
results from your activity.


C. Fraud and Scam Warning

While we take efforts to prevent our services from being used for any fraudulent purposes, we
specifically and emphatically warn members never to send money to anyone that they interact
with on the App other than through authorized means. We have no way of determining the
validity of any communication that you may receive from other users, and we cannot discern the
validity of the person or intentions behind such communication. It is a violation of our policy for
you to solicit money from or to send money to any other user other than through authorized
means. You expressly understand and agree that if any other user that you are in communication
with on the App requests money from you for travel, medical assistance, subsistence or for any
other reason, it is likely a scam or a fraudulent scheme, and you are at a very high risk of being
defrauded. You agree to report such request along with the username of the requesting user to us
immediately. While we are not obligated to investigate any such report, we may do so in our sole
discretion.


D. No Responsibility for the Chats

We expressly disclaim all liability for the Chats. We do not endorse (expressly or implicitly) the
opinions expressed in the Chats. Thus, you understand that you may be exposed to the Chats
from a variety of users, and that we are not responsible for the accuracy, usefulness, safety, or
intellectual property rights of the Chats. You further understand that you may be exposed to
Chats that are inaccurate, offensive, illegal, indecent, obscene, or objectionable, and you waive
any rights or remedies you have or may have against us for this exposure. We are under no
obligation to prescreen, review, or preemptively monitor the Chats. However, we reserve the
right to demote or terminate any user and to demote, remove, or refuse to publish your Chats, at
any time, for any reason, with or without prior notice. If we choose to monitor the Chats at any
time, we assume (1) no responsibility for the Chats, (2) no obligation to modify or remove any
inappropriate Chats, and (3) no responsibility for the conduct of the user submitting those Chats.


E. Third-Party Links

The App may contain links to websites or resources owned and operated by our users or third
parties. You understand and agree that we have no control over, are not responsible for, and do
not screen nor warrant, endorse, guarantee, or assume responsibility for the goods or services

provided by our users or on third-party links. We will not be a party to or be in any way
responsible for monitoring any transaction between you and other providers of products or
services. As with the purchase of a product or service through any medium or in any
environment, you should use your best judgment and exercise caution where appropriate. You
agree to hold us harmless from all damages and liability that may result from use of third-party
links that appear on the App and any advertising, services, goods, products, or other materials
available on third-party links. We are not responsible for any use of confidential or private
information by sellers or third parties. You agree that your use of any third-party link or the
goods or services provided thereon is governed by the policies of those third parties, not by these
Terms of Use or our other policies. We reserve the right to demote or remove any link at any
time.


F. Violations of Law

Access to and use of the App in violation of any law is strictly prohibited. If we determine that
you have provided or intend to purchase or provide any services in violation of any law, your
ability to access and use the App will be terminated immediately. We do hereby disclaim any
liability for damages that may arise from you or any user providing any services that violates any
law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may
arise for us should you violate any law. You also agree to defend and indemnify us should any
third party be harmed by your illegal actions or should we be obligated to defend any such
claims by any party.


7. Indemnification
You agree to defend, indemnify, and hold harmless us and our officers, directors, shareholders,
employees, independent contractors, telecommunication providers, attorneys, and agents, from
and against all claims, actions, loss, liabilities, expenses, costs, or demands, including without
limitation legal and accounting fees, for all damages directly, indirectly, or consequentially
resulting or allegedly resulting from your actions, or the actions of another person under your
authority, including without limitation to governmental agencies, use, misuse, or inability to use
the App, or any breach of these Terms of Use by you or another person under your authority. We
shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate
fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in
the defense of such claim or suit at our own expense, and choose our own legal counsel;
however, we are not obligated to do so.


8. Limitation of Liability
You acknowledge that we will not be liable to you for the Chats or the offensive or illegal
conduct of any person. You understand that the risk of harm or damage from this rests entirely
with you, and you expressly release us from any liability arising out of the Chats or the conduct
of any person. You discharge, acquit, and otherwise release us, our parent company, agents,
employees, officers, directors, shareholders, attorneys, and affiliates, from all allegations, counts,
charges, debts, causes of action, and claims relating in any way to the use of, or activities relating
to the use of the App including claims relating to the following:

Negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, misrepresentation, infectious disease, illegal gambling, any financial loss not due to our fault, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the App, unavailability of the App, its functions and any other technical failure that may result in inaccessibility of the App, or any claim based on vicarious liability for torts committed by individuals met on or through the App, including fraud, theft or misuse of personal information, assault, battery, stalking, harassment, cyber-bullying, rape, theft, cheating, perjury, manslaughter, or murder.


The above list is intended to be illustrative only, and not exhaustive of the types or categories of
claims released by you. This release is intended by the parties to be interpreted broadly in our
favor, and thus any ambiguity shall be interpreted in a manner providing release of the broadest
claims. This release is intended to be a full release of claims, and the parties acknowledge the
legally binding nature of this provision, and the nature of the rights given up in connection
therewith.


We expressly disclaim any liability or responsibility to you for any of the following:

  • Any loss or damage of any kind incurred because of the Materials or the Chats, including errors, mistakes, or inaccuracies thereof or any Materials or the Chats that are infringing, obscene, indecent, threatening, offensive, defamatory, invasive of privacy, or illegal.

  • Personal injury or property damage of any nature resulting from your access to and use of the App.

  • Any third party’s unauthorized access to or alterations of your account, Chats, or data.

  • Any interruption or cessation of transmission to or from the App and any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions through the App.

  • Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through the App by any third party.

  • Any incompatibility between the App and your other services, hardware, or software.


9. Intellectual Property

A. Trademarks

Marauder Tech is our brand name and trademark. We aggressively defend our
intellectual property rights. Other manufacturers’ product and service names referenced herein
may be trademarks and service marks of their respective companies and are the exclusive
property of such respective owners, and may not be used publicly without the express written
consent of the owners or holders of such trademarks and service marks. All of the marks, logos,
domains, and trademarks that you find on the App may not be used publicly except with express
written permission from us, and may not be used in any manner that is likely to cause confusion
among consumers, or in any manner that disparages or discredits us.


B. Copyrights

The Materials are our proprietary information and valuable intellectual property. We retain all
rights, title, and interest in the Materials. You retain all rights, title, and interest in the Chats,
subject to the licenses herein. The App, the Materials, the Content, and the Chats are protected
by copyright law. The Materials and the Chats may not be copied, downloaded, distributed,
republished, modified, uploaded, posted, or transmitted in any way without our prior written
consent. You may not remove or alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other proprietary notice or legend appearing on any
of the Materials or the Chats. Modification or use of the Materials or the Chats except as
expressly provided in these Terms of Use violates our intellectual property rights.


10. Additional Terms for Mobile Users

A. Apple Users

If you download our Apple mobile application (“Apple App”), the following apply to you:

  • Both parties acknowledge that these Terms of Use are between you and us only, and not with Apple, and we, not Apple, are solely responsible for the App and the Materials.

  • We grant you only a limited, non-transferable license to use the Apple App on any Apple products that you own or control, as permitted by Apple’s terms of use, except that the Apple App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

  • We are solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in these Terms of Use or as required under applicable law. Both parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App. 

  • We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

  • Both parties acknowledge that we, not Apple, are responsible for addressing any claims you or any third party bring relating to the Apple App or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection,  privacy, or similar legislation, including in connection with the Apple App’s use of the HealthKit and HomeKit frameworks. These Terms of Use do not limit our liability to you beyond what is permitted by applicable law.

  • Both parties acknowledge that, in the event of any third-party claim that the Apple App or your possession and/or use thereof infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

  • You may send questions, complaints, and claims related to the App to:

Marauder Tech, LLC
1801 SE Hillmoor Dr., Ste. 208 C
Port St. Lucie, FL 34952
info@maraudertech.net

 

  • You must comply with applicable third-party terms of agreement when using the Apple App.

  • Both parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.


B. Google Users

If you access or use the App through the Google Play Store, you agree to the following
additional terms of use required by Google: https://play.google.com/intl/en_us/about/play-
terms.html
.


11. General

A. Entire Agreement

These Terms of Use and any other legal notice or agreement published by us on the App, form
the entire agreement between you and us concerning your use of the App. It supersedes all prior
terms, understandings, or agreements between you and us regarding use of the App. A printed
version of these Terms of Use and of any notice given in electronic form will be admissible in
any proceedings based on or relating to these Terms of Use. Such version of these Terms of Use
shall be utilized to the same evidentiary extent, and subject to the same conditions as other
business documents and records originally generated and maintained in printed form.


B. Policies of Our Service Providers

You understand and agree that we may use certain third-party service providers to provide you
with access to and use of the App. You understand and agree that you must agree to and abide by
any user terms, privacy policy, or other policy that such third party requires you to agree to in
order to use their services. In the event of a conflict between those policies and our policies, the
terms of our policies shall govern.


C. Assignment and Delegation

We may assign any rights or delegate any performance under these Terms of Use without notice
to you. You will not assign, delegate, or sublicense any of your rights or duties without our
advanced written consent. Any attempted assignment or delegation in violation of this provision
will be void.


D. Severability

If any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable, the
remaining provisions shall continue in full force, if the essential terms for each party remain
valid, binding, and enforceable.


E. Cumulative Remedies

All rights and remedies provided in these Terms of Use are cumulative and not exclusive, and
the assertion by a party of any right or remedy will not preclude the assertion by the party of any
other rights or the seeking of any other remedies available at law, in equity, by statute, in any
other agreement between the parties, or otherwise.


F. Successors and Assigns

These Terms of Use inure to the benefit of, and are binding on, the parties and their respective
successors and assigns. This section does not address, directly or indirectly, whether a party may
assign its rights or delegate its performance under these Terms of Use.


G. Force Majeure

We are not responsible for any failure to perform because of unforeseen circumstances or causes
beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes,

hurricanes, tropical storms, or other natural disasters; epidemics; pandemics; war, riot, arson,
embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in
transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or
information services infrastructure; hacking, spam, data breach, malware, or any failure of a
computer, server, network, or software for so long as the event continues to delay our
performance; and unlawful acts of our employees, agents, or contractors.


H. Notices

Any notice required to be given by us under these Terms of Use may be provided by email to a
functioning email address of the party to be noticed, by a general posting on the App, or by
personal delivery via commercial carrier. Notices by customers to us shall be given by contacting
us at info@maraudertech.net unless otherwise specified in these Terms of Use. Either party may
change the address to which notice is to be sent by written notice to the other party pursuant to
this provision of these Terms of Use. Notices shall be deemed effective upon delivery. Notices
delivered by overnight carrier shall be deemed delivered on the business day following
mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party
may, by giving the other party appropriate written notice, change the designated address, email
address, or recipient for any notice hereunder. Any correctly addressed notice that is refused,
unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be
deemed effective as of the first date that said notice was refused or deemed undeliverable by the
postal authorities, messenger, email server, or overnight delivery service.


I. Communications are Not Private

We do not provide any facility for sending or receiving private or confidential electronic
communications. All messages transmitted to us shall be deemed to be readily accessible to the
general public. Notice is hereby given that all messages submitted to or posted on the App may
be read by us and our moderators and other agents, regardless of whether we are intended
recipients of such messages.


J. Authorization and Permission to Send Emails to You

You authorize us to email you notices, advertisements, and other communications. You
understand and agree that such communications may contain language related to skills contests
for real money which is not suitable for minors. This authorization will continue until you
request us to remove you from our email list. You understand and agree that even unsolicited
email correspondence from us, or our affiliates, is not spam as that term is defined under the law.


K. Consideration

We allow you to access and use the App or certain portions thereof, in consideration for your
acquiescence to all the provisions in these Terms of Use. You agree that such consideration is
both adequate and received upon your viewing or downloading any portion of the App.


L. Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement you transmit through the App.
You agree that when in the future you click on an “I agree,” “I consent,” or other similarly
worded button, check box, or entry field with your mouse, keystroke, or other computer device,
your agreement or consent will be legally binding and enforceable and the legal equivalent of
your handwritten signature.


M. English Language

We have written these Terms of Use and our associated website policies in the English language.
You are representing your understanding and assent to the English language version of these
Terms of Use as they are published. We are not liable to you or any third party for any costs or
expenses incurred in translating these Terms of Use. In the event that you choose to translate
these Terms of Use, you do so at your own risk, as only the English language version is binding.


N. Export Control

You understand and acknowledge that the software elements of the App may be subject to
regulation by governmental agencies which prohibit export or diversion of software and other
goods to certain countries and third parties. Diversion of such elements contrary to U.S. or
international law is prohibited. You will not assist or participate in any such diversion or other
violation of applicable laws and regulations. You warrant that you will not license or otherwise
permit anyone not approved to receive controlled commodities under applicable laws and
regulations and that you will abide by such laws and regulations. You agree that none of the
elements are being or will be acquired for, shipped, transferred, or re-exported, directly or
indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed
activities.


O. No Agency Relationship

Nothing in these Terms of Use shall be deemed to constitute, create, imply, give effect to, or
otherwise recognize a partnership, employment, joint venture, or formal business entity of any
kind; and the rights and obligations of the parties shall be limited to those expressly set forth
herein.


P. Usages

In these Terms of Use, unless otherwise stated or the context otherwise requires, the following
usages will apply:

  • References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.

  • In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”

  • References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.

  • “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.

  • “Including” means “including, but not limited to.”


Q. No Waiver

No waiver or action made by us shall be deemed a waiver of any subsequent default of the same
provision of these Terms of Use. If any term, clause, or provision hereof is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or
operation of any other term, clause, or provision and such invalid term, clause, or provision shall
be deemed to be severed from these Terms of Use.


R. Headings

All headings are solely for the convenience of reference and shall not affect the meaning,
construction, or effect of these Terms of Use.


S. Other Jurisdictions/Foreign Law

We make no representation that the App is appropriate or available for use in all locations. You
may not access or use the App from territories where their contents may be illegal or is otherwise
prohibited. Those who choose to access and use the App from such locations do so on their own
initiative and are solely responsible for determining compliance with all applicable local laws.
Nothing contained in these Terms of Use shall be interpreted as an admission that that we are
subject to the laws of any nation besides the United States.


T. Service Not Available in Some Areas

You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access and use the App. THE APP IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use the App while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these Terms of Use, and subject to having your account suspended or terminated without any notice to you. You hereby agree that we cannot be held liable if laws applicable to you restrict or prohibit your participation. We make no representations or warranties, implicit or explicit, as to your legal right to participate in any service offered on the App, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right to restrict access to and use of the App in any jurisdiction.

 

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© Walters Law Group (2024). All rights reserved.

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