License. Subject to the terms and conditions herein, Slope grants you a personal, revocable, limited, non-transferable license to use the App on any iPhone, iPad, or iPod touch that you own or control. With respect to any App accessed through or downloaded from the Apple App Store (the “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with the Apple App Store’s Usage Rules (the “Usage Rules”).
Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the App or Services (collectively, the “Slope Properties”) or any portion of the Slope Properties; (b) you shall not use any metatags or other “hidden text” using Slope’s name or trademarks; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Slope Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) access the Slope Properties in order to build a similar or competitive website, application or service; (f) except as expressly stated herein, no part of the Slope Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Slope Properties. Any unauthorized use of the Slope Properties terminates the licenses granted by Slope pursuant to the Terms.
Updates. All updates and upgrades to the App will be governed by the version of these Terms published by Slope as of the date you install such update or upgrade. You agree, however, that we are not obligated to create or provide any support, corrections, updates, upgrades, bug fixes and/or enhancements of the App or for the Service. Any rights not expressly granted herein are reserved.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
If you provide Slope with any feedback, suggestions, or ideas regarding the App or Services (“Feedback”), you hereby assign to Slope all rights in the Feedback and agree that Slope shall have the right to use such Feedback and related information in any manner it deems appropriate without any further obligations to you. Slope will treat any Feedback you provide to Slope as non-confidential and non-proprietary. You agree that you will not submit to Slope any Feedback that you consider to be confidential or proprietary.
As between you and Slope, the Slope Properties, including any design, layout, logo, text, code, and graphics contained within the App (the “Slope Content”) is, and shall remain the sole property of Slope and is subject to protection under U.S. and foreign copyright laws. Other trademarks, logos, and images that are available in connection with our Service are the property of their respective owner (each an “Owner”), which may or may not be affiliated with, connected to, or sponsored by Slope.
We are constantly modifying and improving our Service over time. We may add or remove features or functionalities, and we may temporarily suspend or discontinue the Service altogether. We may, at any time, change or impose fees for your access and use of the Service.
You can stop using the Service at any time. Slope may also stop providing the Service to you at any time, with or without cause, and with or without notice. For example, we may immediately suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others’ use of the Service.
If we suspend or terminate the Service or your Account, we will try to give you reasonable advance notice and a chance to get information out of that Service. After a period of time, however, Slope may permanently delete the Content that is associated with your Account.
Our Services are provided “as is.” Slope and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Slope nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Except to the extent applicable law, if any, provides otherwise, these Terms, any access to or use of our Services will be governed by the laws of the state of Michigan, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Washtenaw County, Michigan.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys’ fees.
In no event will Slope, or its suppliers or licensors, be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Slope under these Terms during the twelve (12) month period prior to the cause of action. Slope shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Slope, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of these Terms.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Automattic and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Automattic, or by the posting by Automattic of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last updated: August 13, 2017