Terms and Conditions
HAGGLE TECHNOLOGIES, INC.
PLEASE READ THIS END USER LICENSE AGREEMENT CAREFULLY. BY USING HELLOHAGGLE.COM YOU HAVE ENTERERED INTO A LEGALLY BINDING AGREEMENT WITH HAGGLE TECHNOLOGIES, INC. IF YOU DO NOT AGREE TO THE TERMS OF THIS, YOU MAY NOT DOWNLOAD OR USE, ACCESS OR OTHERWISE USE HELLOHAGGLE.COM AS HAGGLE TECHNOLOGIES, INC IS UNWILLING TO LICENSE IT TO YOU. WRITTEN ASSENT IS NOT PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS END USER LICENSE AGREEMENT. KEEP A COPY OF THIS END USER LICENSE AGGREEMENT FOR YOUR RECORDS.
The Products transacted through this service are licensed, not sold, to you for use only under the terms of this End User License Agreement (EULA) from Haggle Technologies, Inc. Haggle reserves all rights not to expressly granted to you. The product that is subject to this EULA is referred to in this EULA as “HelloHaggle.com” or the “Licensed Application”. It is explicitly acknowledged by you and Haggle that this EULA is concluded between you and Haggle only and that Haggle is solely responsible for the licensed application and the content thereof.
- Scope of EULA: The license granted to you for the licensed application by Haggle is limited to a non-transferable license to use the licensed application on any device that you own or control as permitted by the usage rules set forth by the device’s terms and conditions (the “Usage Rules”). This EULA does not allow you to use the licensed application on any device that you do not own or control, and you may not distribute or make the licensed application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the licensed application. You many not copy (except as expressly permitted by this EULA and the Usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, of create derivative works of the licensed application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is inhabited by applicable law or to the extent as many be permitted by the licensing terms governing use of any open sourced components included with the licensed application). Any attempt to do so is a violation of the rights of Haggle and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the EULA will govern any upgrades provided by Haggle that replace and/or supplement the original product, unless such upgrade is companied by a separate license in which case the terms of the license will govern.
- Termination. The EULA is effective until terminated by you or Haggle. Your rights under this EULA will terminate automatically without notice from Haggle if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the licensed application, and destroy all copies, full or partial, of the licensed application.
- Services; Third Party Materials; submitted materials. The licensed application may enable access to Haggles and third-party services and web sites (collectively and individually, “services”. Access to and use of the services may require internet access and that you accept additional terms of services.
You understand that by using any of the services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the services at your sole risk and that Haggle shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain services may display, include or make available content, data, information, applications or material from third parties (‘Third Party Materials”) or provide links to certain third-party web sites. By using the services, you acknowledge and agree that Haggle is not responsible for examining or evaluation the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency , quality or any other aspects of such third party materials or web sites. Haggle does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, third party materials or web sites, or for any other materials, products, or services of third parties. Third party materials and links to other web sites are provided solely as a convenience to you. Financial information displayed or provided by any services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing and securities transaction based upon information obtained through the services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice in your country or location. Location data provided by any services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, time delayed, inaccurate, or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Haggle, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data, or any other data or information displayed or provided by any services.
When using the licensed application, you may submit, or use the licensed application to collect and submit, information, content, or data (“submitted materials”) to Haggle. To the extent you choose to submit, or use the licensed application to collect and submit, submitted materials to Haggle, you do so at your own initiative, expressly acknowledge that you have the right to provide submitted material to Haggle, and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Your submission of submitted materials may all you to access information, content, or data (“Accessed Materials”) related to submitted materials. To the extent you choose to access accessed materials, you do so at your own initiative, expressly acknowledge that you have the right to access submitted materials, and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
You agree than any services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to patent, trademark, and copyright, and that you will not use such proprietary content, information, or materials in any way whatsoever except for permitted use of the services. No portion of the services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the services, in any manner, and you shall not exploit the services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the services in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that Haggle is not in any way responsible for and such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the services.
In addition, third party services and third-party materials that may be accessed from, displayed on or linked to from the iPhone, iPod touch, or iPad are not available in all languages or in all countries. Haggle makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to use or access such services or materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Haggle, and its licensors, reserve the right to change, suspend, remove, or disable access to any services at any time without notice. In no event will Haggle be liable for the removal of or disabling of access to any such services. Haggle may also impose limits on the use of or access to certain services, in any case and without notice or liability.
You must comply with applicable third-party terms of agreement when using this application (e.g. your wireless data service agreement)
- NO WARRANTY: You expressly acknowledge and agree that use of the licensed application is at your sole risk and that the entire risk as to satisfactory or merchantable quality, performance accuracy and effort is with you. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the licensed application (“services”) are provided “as is” and “as available”, with all faults and without warranty of any kind, and Haggle herby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, or satisfactory quality, of fitness for a particular purpose, or accuracy, or quiet enjoyment, and non-infringement of third party rights. Haggle does not warrant against interference with your enjoyment of the licensed application, that the functions contained in, or services performed or provided by, the licensed application will meet your requirements, that the operation of the licensed application or services will be uninterrupted or error free, or that defects in the licensed application or services will be corrected. No oral or written information or advice given by Haggle or its authorized representative shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
- Limitation of liability. To the extent not prohibited by law, in no event shall Haggle be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to used the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Haggle has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Haggles total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- You may not use or otherwise export or re-export the licensed application except as authorized by united states law and the laws of the jurisdiction in which the licensed application was obtained. In particular, but without limitation, the licensed application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Departments list of specially designated nationals or the U.S. department of commerce denied persons list or entity list. By using the licensed application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by united states law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
- The licensed application and related documentation are “commercial items”, as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial computer software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the commercial computer software and commercial computer software documentation are being licensed to U.S. government and users (a) only as commercial items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
- The laws of the state of Iowa, excluding its conflicts of law rules, govern this EULA and your use of the licensed application. Your use of the licensed application may also be subject to other local, state, national, or international laws. This EULA will be governed by and construed in accordance with the substantive laws in force in the state of Iowa, in the United States of America. The respective courts of Scott County, Iowa, shall have exclusive jurisdiction over all disputes relating to this EULA. This EULA will not be governed by the conflict of law rules of any jurisdiction or the united nations convention or contracts for the international sale of goods, the application of which is expressly excluded. Your use of the licensed application may also be subject to the other local, state, provincial, federal, national, or international laws.
The parties acknowledge and agree that they have required that this agreement be prepared in the English language.
- It is explicitly acknowledged by you and Haggle that Haggle has no obligation to furnish any maintenance and support services with respect to the licensed application.
- The copyrights for certain portions of the licensed application may be owned by third parties (“Third Party Software”) and used under and distributed under separate license and may not be subject to the terms and conditions of this EULA. The third-party software notice appended hereto or provided on a menu or screen within the licensed application includes the acknowledgements, notices, and licenses for the third party software. The third-party software is licensed according to the applicable third party software license notwithstanding anything to the contrary in this EULA.
- You may contact Haggle by sending an e-mail to email@example.com