VOOMIE MOBILE DEVICE APPLICATION TERMS OF USE

PLEASE READ THESE TERMS OF USE (THESE "TERMS") CAREFULLY BEFORE USING THIS MOBILE DEVICE APPLICATION AND/OR WEBSITE ("APP"). USING THIS APP INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS APP.

General  
This APP is owned and operated by Voomie Inc. Voomie Inc. reserves the right to revise or remove any part of the Terms in its sole discretion at any time and without prior notice to you by updating this posting.  You thus should visit this page periodically for changes. This APP is continually under development and changes in this APP may be made at any time, including the addition of advertisements and the option to purchase premium versions.  Any changes are effective upon posting to this APP.  If you disagree with the Terms, your sole remedy is to discontinue your use of this APP.  Your continued use after a change has been posted constitutes your acceptance of those changes.

APP Security  
You are prohibited from violating, or attempting to violate, the security of this APP. Any such violations may result in criminal and/or civil penalties against you. Voomie Inc. will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.

Other Prohibited Activities
In using this APP, you must also not:
·Send or otherwise transmit to or through this APP any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind;
·Violate any applicable laws or regulations; or
·Assist or permit any persons in engaging in any of the activities described above.

Copyright
The design, images, text content and overall layout contained in this APP are protected under U.S. and international law as copyrighted materials, whether registered or unregistered.  Anyone who claims, displays, distributes, reproduces copies or creates derivative works for commercial or noncommercial purposes without the prior written permission of Voomie Inc. is in violation of the copyright laws and is liable for copyright infringement to the greatest extent of the law. Permission for all uses of materials must be obtained from the Voomie Inc. in advance. Requests for such authorization should be submitted via an email to hello@voomieapp.com.

Trademarks
All trademarks, service marks, logos and trade names displayed on this APP, whether registered or unregistered, are the exclusive property of Voomie Inc., or other companies where so indicated, and are protected under U.S. and international trademark law.  Use of any of these marks without prior written permission of Voomie Inc. or the appropriate owner is strictly prohibited.

Jurisdictional Issues
This APP is controlled and operated by Voomie Inc. from its offices within the State of California, United States of America. Voomie Inc. makes no representation that materials in the APP are appropriate or available for use in other locations.  Those who choose to access this APP from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  Access to this APP from jurisdictions where the contents of this APP are illegal or penalized is prohibited. Software and Downloads from this APP are further subject to United States export controls.

Monitoring
Users shall remain solely responsible for the content they create with the APP, as set forth in detail here and in the APP's Privacy Policy.  Each user acknowledges and agrees that neither Voomie Inc. nor any third party content provider shall assume or have any liability for any action or inaction by Voomie Inc. or any third party content provider with respect to any conduct, communication or posting via this APP.

Termination
Voomie Inc. may terminate your use of this APP, our mailing list, our online store, or any of our other services at any time and for any reason without notice including for conduct violating these Terms.  Upon any such termination, you must destroy all materials obtained from this APP and all copies thereof.  The provisions of these Terms concerning APP security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.

Disclaimer of Warranty
(a)  This APP is provided on an "as is" basis without warranties of any kind.  To the fullest extent permissible pursuant to applicable law, Voomie Inc. disclaims all representations and warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Voomie Inc. does not warrant that this APP or the server that makes it available are free of viruses or other harmful components. Voomie Inc. does not make any representations or warranties regarding the use or the results of the use of the materials in this APP.  Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

(b)  Each user expressly agrees that use of this APP is at his or her sole risk. Neither Voomie Inc., nor any of its respective affiliates, employees, agents, third-party content providers, technical providers, or licensors, if any ("Companies") warrant that this APP will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of this APP or as to the accuracy, reliability, or content of any information, service, or merchandise provided through Voomie Inc. or its content providers.

Limitation of Liability
(a)  The disclaimers of liability contained herein apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or material, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.  Each user specifically acknowledges that Voomie Inc. is not liable for the defamatory, offensive or illegal conduct of third parties, including other users and that the risk of injury from the foregoing rests entirely with each user.

(b)  In no event will Voomie Inc. or the Companies or any person or entity involved in creating, producing, or distributing this APP be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use this APP or the materials on it or out of the breach of any warranty, even if Voomie Inc. or an authorized representative has been advised of the possibility of such damages.  Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

(c)  Voomie Inc. neither endorses nor is responsible for any offensive, defamatory, or obscene posting made on the service by anyone.  Under no circumstances will Voomie Inc. be liable for any loss or damage caused by any postings on this APP.  

(d)  Each user specifically acknowledges that in no event will Voomie Inc. or the Companies, nor any of their respective employees, members, officers, or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of (i) the use by such user of any browser owned or operated by any party and/or (ii) the downloading of any software owned or operated by any third-party in connection with the APP.

Indemnity
You agree to indemnify, defend and hold harmless Voomie Inc. and the Companies, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this APP.

Mediation/Arbitration
In the event that there is any dispute, you agree to first submit such dispute to mediation. If mediation is not successful, the parties agree to submit such dispute to arbitration, before one arbitrator, pursuant to the Commercial Rules of the American Arbitration Association, in Los Angeles, California.  Judgment upon any award may be entered in any Court of competent jurisdiction.  The arbitrator shall not have the power to alter the terms of this agreement or to award attorney's fees to the prevailing party or punitive damages to either party.  The parties shall share the expenses of arbitration equally.  No depositions of potential witnesses will be permitted.  All discovery shall be completed within two (2) months after the selection of the arbitrator, unless this period of time is extended by the arbitrator for good cause.  The arbitration proceedings and any Award issued by the arbitrator shall be maintained in confidence by the parties. The arbitrator will not provide a reasoned award but will simply enter judgment for either party. The arbitrator shall apply whatever law he or she deems applicable to the dispute and his or her decision shall be final and binding.

Privacy
Use of this APP is also governed by Voomie Inc.'s privacy policy, available on this website.

Other
Prices and product offers are subject to change.  These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.  If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.

If you have any questions or complaints regarding these Terms, please submit your questions or complaints via an email to hello@voomieapp.com, or via a letter to Voomie Inc. PO Box 3446, Santa Monica, CA 90408. We will try to respond to you promptly.