TLCNA has launched a called ASKHUB that will provide an aggregation platform and associated mobile applications that intends to enable users to access and order on-demand services in one location (the “ASKHUB Platform”). TLCNA intends to launch and operate ASKHUB Platform for about three (3) months ending on or about August 31, 2019 (“Pilot Period”), after which TLCNA shut down the ASKHUB and make various modification and/or improvements to the upgraded version of the one-stop aggregation platform service and related products to the general consumer and users.
THEREFORE, please understand that your account information, access capability, and any other businesses with or through ASKHUB will only be available during the Pilot Period. And you, as the User, are only authorized to install and use the ASKHUB, and access to order or purchase the Products on or through ASKHUB only for the length of the Pilot Period. This means, if a Customer’s data, account information, transaction records, along with any kind or amount of rewards, credits, points, or any other types of promotional awards must be used by the end of August 31, 2019 (subject to extension with prior notice) after which we may lose or delete all your record or data stored with ASKHUB. Again, if you do not timely use the Rewards, you will lose them without receiving any compensation or value.
This User License Agreement (“User Agreement” or “Term”) is a binding agreement between you and Twolinecode North America Corp. “we,” or “us”), its mobile application ASKHUB (“Application”), the operator(s) of ASKHUB, and related business partner(s), website(s), service(s), and other mobile application services provided by, on, or through ASKHUB (together as “TLCNA”). This User Agreement governs your access and use of the mobile application called and branded as ASKHUB, and all related technologies, services, products, and relevant contents intended to be provided by TLCNA for use in connection with ASKHUB. The Application is licensed, not sold, to you, and the license can be revoked, modified, or suspended at any time without notice or consent and without any liability.
By accessing and/or using the Application, you agree to receive communications from TLCNA, third-party vendors, service providers, and Service Providers (to be defined in Section 1.1) including, but not limited to, e-mails, text messages, calls, and push notifications, among other sales or marketing opportunities. You also agree that alerts, notices, texts, calls or other communications may be generated by automatic telephone dialing systems or electronic messaging system, subject to your phone or email service provider’s charge for such messages. All such communications may include, but are not limited to, commercially oriented communications concerning your account or use of the Application, use of third party services, updates concerning new and existing features on the Application, and any other marketing or sales related communications.
In its sole discretion, TLCNA may, from time to time, revise this User Agreement by updating this page. You should, therefore, regularly visit this page to review the terms in this User Agreement. Your continued use of the Application after revisions to this User Agreement will constitute your consent to the revised User Agreement.
PLEASE NOTE THAT FOR AND REGARDING ANY ORDERED OR PURCHASED PRODUCTS OR SERVICES RELATED ISSUES, TERMS OR CONDITIONS OF THE USER AGREEMENT WILL BE SUPERSEDED BY THE TERMS AND CONDITIONS (INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICIES AND CLAIM/REFUND PROCESSES) OF THE RESPECTIVE SERVICE PROVIDERS AVAILABLE TO YOU ON OR THROUGH THE APPLICATION.
DEPENDING ON THE SERVICE PROVIDER’S OWN TERMS AND CONDITIONS, THE USER MAY BE REQUIRED TO CONTACT OR BRING UP ANY ISSUES TO TLCNA THAT WILL ACT AS THE INTERMEDIARY BETWEEN THE USER AND THE SERVICE PROVIDER – THE USER MAY NEED TO CONTACT TLCNA FIRST FOR ITS CLAIMS OR ISSUES EVEN THOUGH.
BEFORE USING OR OTHERWISE ACCESSING THE APPLICATION, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
1. TLCNA Rights and Responsibilities
1.1 TLCNA is only responsible for providing certain platform for you and help you choose and access other various independently operating mobile applications service provider and operators to conduct their respective e-commerce businesses on or through our aggregation platform. We intended for you to conveniently access various products or services offered and sold (together “Products”) by or through these actual mobile application operators on or through one simple platform application called ASKHUB. These actual mobile application service providers and/or operators that will be solely responsible to actually market, sell, and deliver your ordered or purchased products or services, together with any of the actual seller or service provider, system operators, agents, affiliates, subcontractors, and other vendors, will be called the Service Providers.
1.3 Further, you agree that TLCNA will NOT be responsible in anyway for or regarding any of the purchases or services offered or provided by the Service Providers, including, but not limited to your or third party’s issue or claim for the quality, quantity, completeness, adequacy, or even legality of your purchase or receipt of any of the products or services provided by the Service Providers. You also acknowledge and agree that TLCNA will NOT be responsible for the Service Providers respective compliance with any applicable laws, rules, or regulations.
, as well as those implemented by Stripe.
1.5 At times, due to the nature of the pilot program, TLCNA will not utilize the Stripe in certain orders or purchase. In some cases, after receiving the order or purchase options, TLCNA will utilize more manual mechanism to connect with and to place your order with the Service Provider, as well as conduct the necessary accounting of the payment in the same or similar manner that may not be done instantly nor automatically.
1.6 You agree any payment you made on or through the Application is final and non-refundable, except as expressly stated in this Term. For any payment related issues on or through ASKHUB or Stripe (“Payment Issues”), TLCNA will provide the initial assistance. You agree that any and all Payment Issues will be conducted and resolved as per or by the applicable policies, terms, and conditions of Stripe – https://support.stripe.com . For any of your customer service issue, technical issue, or any other claims or issues on the Products, TLCNA may try to provide some initial assistance to you, but you acknowledge and agree that TLCNA will not be responsible for any damages or claims by you or any other Users, and also that you will solely look to and claim against Service Provider for any and all of your refund or credit issues, as well as any other demands, damages, and claims regarding Products. TLCNA may try to participate and assist in resolving any technical issue as may be required.
1.7 TLCNA may, from time to time and in its sole discretion, develop and provide Application updates, which may include upgrades, corrections of errors, or other improvements not just to ASKHUB but to larger system or business models. Such updates may also modify or delete in their entirety certain features and functionality of the Application. You agree that TLCNA has no obligation to provide any update or to continue to provide or enable any particular features or functionality.
1.8 Information (as defined below Section 2.2) about ASKHUB or about Products shown on, or through the Application is made available solely for general information purposes. TLCNA does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such Information is strictly at your own risk. TLCNA disclaims, and you hereby release us from, any and all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Application, or by anyone who may be informed of any of its contents.
1.9 TLCNA, at its sole discretion and without any notice to you, will implement and discontinue any promotional activities, including but not limited to loyalty program, discounts, contests, sweepstakes and other sales promotions, barter or advertising.
1.10 Notwithstanding anything set forth in the Agreement, (i) TLCNA nor its Service Provider shall have no obligation to process, fulfill or address any orders or purchases until: (a) all information necessary, to fulfill such orders or purchases, in TLCNA or any of its Service Provider’s sole judgement is received, and (b) any such order or purchase has been paid for in full by you; (ii) once an order is placed or purchase is made, such order may be deemed final and cannot be cancelled at the sole discretion of the Service Provider and you nor TLCNA may not receive any refunds.
2. User Rights and Responsibilities
, and All Agreements that have been referenced in the introductory part of this Agreement. You will also be bound by the terms and conditions of various Services Providers as well as our own third party vendors and consultants that TLCNA utilizes in operating the Application, including but not limited to Stripe, Amazon Web Services, and Google. Again, you agree that these vendors’ respective terms of service and any other applicable terms of some of the TLCNA’s third party service providers, including all of their related terms available at https://stripe.com/us/ssa; https://stripe.com/us/privacy; https://cloud.google.com/terms; and https://aws.amazon.com/agreement, are hereby incorporated by reference, and you agree to be bound by the same.
2.2 On or through the Application, TLCNA intends to provide you with access to various Products offered and provided by the Service Providers, and the related commercial contents or information on such Products (collectively, “Information”). Therefore, your access or use of such Information will also be subject to the Privacy Policies and Terms of Sale of the Service Providers whose Products you purchase, order, or use via the Application. Any violation of the Service Provider’s Terms of Sale or Privacy Policies will be considered a violation of this User Agreement.
2.3 You agree to only conduct and receive the benefits of a transaction of Products on or through the Application within the jurisdiction of the United States. You further acknowledge and agree that using or relying on the Application outside of the United States may not be possible, nor be legal, even if available. If you use or access any portion of the Application from outside the United States, you agree that you are responsible for compliance with local laws and any other costs or risks associated with such use, and you hereby release TLCNA from any liabilities it may have under such local laws.
2.4 You must not, nor cause or permit others to, copy the Application, nor modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of Application, unless otherwise expressly permitted by TLCNA.
2.5 You must not, nor directly or indirectly cause or permit others to, reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof, nor remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof, nor rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason in any way that would impede, slow down, disable, circumvent, or otherwise create any workaround to any protection, rights, or security of the Application.
2.6 You agree to regularly check for and review any update notices regarding the Application and to promptly install all updates. You acknowledge and agree that the Application may not properly operate should you fail to install any updates. You further agree that any updates will also be subject to the terms and conditions of this User Agreement.
2.7 As shared at the beginning, if the customer obtains any kind or amount of rewards, credits, points, or any other types of promotional awards (together “Rewards”), any such Rewards must be used by the end of Pilot Period, August 31, 2019, subject to extension with the notice. After the Pilot Period, we may be forced to switch the platform and we may lose or delete any record of Rewards, along with other account information and your transaction history(s). AGAIN, IF YOU DO NOT USE (RECEIVING THE ORDERED SERVICE OR PRODUCTS WITHIN THE PILOT PERIOD), YOUR REWARD WILL BE LOST WITHOUT RECEIVING ANY COMPENSATION OR VALUE.
3. User’s Limited License
3.1 TLCNA hereby grants you a limited, non-exclusive and nontransferable license to download, install, and use the Application for your personal, non-commercial use on any device, including but not limited to mobile phones or smart tablets, used by you.
3.2 You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any legal interests, nor any other rights or privileges to the Application, other than to use it in accordance with the limited purpose of, and subject to all the terms and conditions of, this User Agreement.
3.3 TLCNA and its licensors as well as Service Providers reserve and will retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you by this User Agreement.
3.4 TLCNA may terminate, suspend, or prevent your access to all or part of the Application for any or no reason, including without limitation, for any violation of this User Agreement, or upon TLCNA’s reasonable suspicions of unlawful or criminal conduct perpetrated on or through the Application.
4. Personal Information
. You will be required to provide some Your Information prior to downloading, installing, updating, or using the Application.
4.2 By downloading, installing, updating, or using the Application, or by providing any of Your Information in Application, you acknowledge and hereby authorize TLCNA to collect, analyze, store, use, and disclose any of Your Information collected prior to, during, or after the use of the Application for any purpose whatsoever, including for any commercial purpose described in Section 4.1 of this Agreement.
4.3 Subject to the applicable private policies of TLCNA and the applicable Service Provider(s), we, TLCNA, may share or be required to share or disclose your information with the Service Provider for commercial purposes, including but not limited to the marketing promotion, advertising, support, and other business related communication to be made by the Service Provider to you.
5. User Publication
5.1 You may be able to post, submit, publish, display, record, or transmit to yourself or to any other persons, any content, text, data, images, or other materials (including but not limited to reviews and ratings and any associated images, audio, video, or photos) (“Publications”) on or through the Application. All Publications must comply with the terms and conditions of this User Agreement.
5.2 TLCNA is neither responsible nor liable for the content or accuracy of any Publications posted by you or any other user(s) of the Application.
5.4 You hereby warrant that you own and will continue to own and control all rights in and to the Publications and have and will continue to have the right to publish the Publications to and via the Application.
5.5 You acknowledge and agree to be solely responsible for any Publications you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
5.6 Any Publications you upload, post, or cause to record on or through the Application will be considered non-confidential and non-proprietary. By providing Publications on or through the Application, you grant TLCNA, the Service Providers, and all of their related third party vendors, and each of their and TLCNA’s respective agents, licensees, successors and assigns, the right to use, reproduce, highlight, crop, modify, perform, display, distribute, and otherwise disclose to third parties the Publications for any purpose.
5.7 TLCNA, in its sole discretion, has the right to remove any part of the Publications that would infringe the copyright(s) of TLCNA or any third party. TLCNA, upon reasonable belief that any part of the Publications is unlawful, criminal, or in violation of this User Agreement, may disclose or refer such violative Publications, and/or User profile and other reasonably related transactional histories or records to law enforcement without any notice or consent from you, in which case you hereby waive and hold harmless TLCNA from any claims resulting from any action taken by any law enforcement party or authority during, or as a result of, its investigations, and from any actions taken as a consequence of investigations by such parties or authorities.
6. Limitation of Liabilities of TLCNA
6.1 BECAUSE ALL PURCHASES OR SERVICES TRANSACTED ON OR THROUGH THE APPLICATION ARE GOVERNED BY THE SERVICE PROVIDER’S TERMS OF SALE, YOU AGREE AND CONFIRM THAT TLCNA, ITS PRINCIPALS, SHAREHOLDERS, AFFILIATES, AGENTS, OR THIRD PARTY VENDORS, WILL NOT BE RESPONSIBLE IN ANY WAY FOR ANY OF THE PRODUCTS PURCHASED, ORDERED, OR PROVIDED (WHOLE OR IN PART) BY THE SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO THE QUALITY, QUANTITY, COMPLETENESS, ADEQUACY, OR EVEN LEGALITY OF YOUR PURCHASING AND RECEIPT OF ANY OF THE PRODUCTS OR SERVICES PROVIDED BY THE SERVICE PROVIDERS, AND HEREBY RELEASE, WAIVE, AND HOLD TLCNA FREE FROM ANY RESPONSIBILITY FOR ANY AND ALL OF THE FOREGOING. FURTHER YOU WILL LOOK SOLELY TO THE RESPONSIBLE SERVICE PROVIDER TO CLAIM AND RESOLVE ANY AND ALL CLAIMS OR DAMAGES, INCLUDING CONTRACTUAL CLAIMS OR ANY OTHER LEGAL CLAIMS, INCLUDING THOSE ARISING OUT OF STATUTES OR TORT PRINCIPLES, REGARDLESS OF WHETHER SUCH CLAIM OR DAMAGE WAS IN ANY WAY FORESEEABLE BY OR DISCLOSED TO TLCNA. SOME JURISDICTIONS DO NO ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
6.2 IN NO EVENT WILL WE (INCLUDING BUT NOT LIMITED TO TLCNA, ITS PRINCIPAL, SHAREHOLDERS, AFFILIATES, AGENTS, OPERATOR, CONSULTANT, THIRD PARTY VENDORS, AND ANY OF ITS RESPECTIVE SUBCONTRACTORS) BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE APPLICATION AND/OR THE PRODUCTS OR SERVICES PROVIDED BY THE SERVICE PROVIDER. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY MUST BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6.3 IF YOU ARE A CALIFORNIA RESIDENT
, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
7.1 You agree to indemnify, defend and hold harmless TLCNA and its shareholders, officers, directors, employees, agents, principals, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application (including but not limited to Publication, or other content you submit or make available on or through this Application) or your breach of this User Agreement.
7.2 Without limiting the foregoing, TLCNA has the right to fully cooperate with any law enforcement authorities or court order requesting or directing TLCNA to disclose the identity or other information of anyone posting any materials on or through the Application. You agree to waive and hold harmless TLCNA Service Providers from any claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.
8. Your Warranty.
You, as User, represent and warrant that all information you have provided or will provide in connection with your purchase and receipt of Products on or through the Application, including, for example, your payment and age information, is true, accurate, and complete.
9. Our Disclaimer of Warranties.
THE APPLICATION IS PROVIDED TO LICENSEE “AS IS,” WITH ALL FAULTS AND DEFECTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, TLCNA, ON ITS OWN BEHALF AND ON BEHALF OF ITS SHAREHOLDER, PRINCIPAL, AFFILIATES, OPERATOR, CONSULTANTS, AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS (AND ACTUAL SERVICE PROVIDERS), EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF SERVICE PROVIDERABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, TLCNA PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT TLCNA’S SERVICE PROVIDERS ARE INDEPENDENT OF TLCNA AND ARE NOT TLCNA’S AGENTS. TLCNA IS NOT LIABLE FOR, NOR BOUND BY, ANY ACTS OF ITS SERVICE PROVIDERS OR THE PRODUCTS THEY SELL OR PROVIDE.
10. Copyright Infringement.
10.1 TLCNA disclaims any responsibility or liability for copyrighted materials available on or through the Application. TLCNA takes claims of copyright infringement seriously. TLCNA will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Application infringes your copyright, you may request removal of those materials (or access to them) from the Application by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works have been infringed on or via the Application, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit TLCNA to locate the material.
(iii) Information reasonably sufficient to permit TLCNA to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(iv) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TLCNA’s designated Copyright Agent to receive DMCA Notices is:
Twolinecode North America Corp.
42 WEST STREET #315
BROOKLYN, NEW YORK, 11222
Email Address: firstname.lastname@example.org
11. Arbitration; No Class or Mass Action
11.1 YOU AND TLCNA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ASKHUB IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Any cause of action or claim you may have arising out of or relating to this User Agreement or the Application must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
11.2 All disputes under, concerning or relating to this User Agreement must be resolved by mandatory binding arbitration. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR TLCNA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
11.3 The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”)then in effect, except as modified by this Section 21 (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section. A single arbitrator will resolve the dispute and will be selected by mutual Agreement of you and TLCNA. If the parties are unable to agree to an arbitrator, the AAA will select and appoint the arbitrator. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the User Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
11.4 The arbitration will be conducted in New York, New York or such other location as the parties may mutually agree upon. All statutes of limitation applicable to any dispute will apply to any arbitration proceeding. All discovery activities must be expressly limited to matters directly relevant to the dispute being arbitrated and subject to limitation by the arbitrator to a level commensurate with the amount in controversy and complexity of the issues involved.
12. Third Party Opinion and Information.
This Application includes content and services provided by Service Providers and other third parties, such third parties including, but not being limited to, the third party technology consultant or service vendor, and others who manage, record, process, fulfill, administer transactions, and/or follow up with any customer service for the Products you transact for on or through the Application. All statements and/or opinions made by these third parties or expressed in their materials, and all articles and responses to questions and other content, other than the content provided by TLCNA, are solely the responsibility of the third party providing those materials, without any control by TLCNA. Those materials do not necessarily reflect the opinion of TLCNA and TLCNA is not responsible or liable to you, or any third party, for the content or accuracy of any materials provided by any third parties.
13. Third Party Materials.
The Application may display, include or make available third-party content (including data, information, applications, Products or any other materials on the Applications) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that TLCNA is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. TLCNA does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
14.1 You may terminate this User Agreement by deleting the Application and all copies thereof from your Device.
14.2 TLCNA may also suspend, modify, or terminate any part of the Application, as well as this User Agreement, at any time without notice if TLCNA, in its sole discretion, deems it impractical, uneconomical, or operationally difficult to support the Application.
14.3 Upon termination, all rights granted to you under this User Agreement will also terminate; and you must cease all use of the Application and delete all data (including your Information) of the Application from your Device.
14.4 Termination will not limit any of TLCNA rights or remedies at law or in equity.
15. Governing Law.
This User Agreement is governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any of its choice or conflict of law provisions or rules. In the event that the Service Provider requires different governing rules, dispute resolution methods/mechanisms, jurisdiction, and/or venue, User shall then become subject to the Service Provider’s choice of law and venue.
16. Priority in Case of Conflict.
17. Miscellaneous Terms
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
If any provision of this User Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this User Agreement will continue in full force and effect.
17.3 Entire User Agreement.
18. Contact Information.
If you have any questions, feedback, or comments relating to ASKHUB, please contact TLCNA at email@example.com
Twolinecode North America Corp.
42 WEST STREET #315
BROOKLYN, NEW YORK, 11222