MOBILE APPLICATION TERMS OF USE

These terms of use are entered into by and between you and Coach M Pryor LLC, a California limited liability company (“Company” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of Hiking Bingo, including any content, functionality, and services offered on or through the application (the “App”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the App. By using the App, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.

This App is offered and available to download by users who are 16 years of age or older. By using the App, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the App without supervision from a parent or guardian who agrees to be bound by these Terms of Use. 

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter. 

Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

1. ACCESSING THE APP, ACCOUNT SECURITY, AND USE OF THE APP AND ASSUMPTION OF RISK

1.1. Accessing the App. We reserve the right to withdraw or amend the App, and any service or material we provide on or through the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users. You are responsible for both: (a) making all arrangements necessary for you to have access to the App; and (b) ensuring all persons who access the App through your mobile device are aware if the Terms of Use and comply with them.

1.2. Account Security. To access the App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with the App or otherwise, including, but not limited to, through the use of any interactive features on the App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

1.3. Use of the App and Assumption of Risk. 

(a) The App may take you to or suggest areas which may be difficult to access, treacherous, or dangerous. While hiking or participating in certain services offered by the App (the “Activities”), you risk property damage, bodily injury, disability, or death. Before participating in any Activities, you should consider your fitness level, weather, terrain, and your experience. Always be prepared and be aware of the current conditions before participating in the Activities. By suggesting or advertising any locations, we are not guaranteeing that access is safe and/or legal. Pay attention to signage, do not trespass, and always obey applicable laws when engaging in any of the Activities. You assume all risks and responsibilities associated with the Activities.

(b) YOU ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. NOTWITHSTANDING THE RISK, YOU ACKNOWLEDGE THAT YOU ARE KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND BY USING THE APP AND PARTICIPATING IN ANY ACTIVITIES, YOU HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

2. END USER LICENSE AGREEMENT

2.1. License Grant. Subject to these Terms, Company grants you a limited, non-exclusive, revocable, and nontransferable license todownload, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the App’s documentation (the “License”). The App is licensed, not sold, to you.

2.2. License Restrictions. You shall not:

(a) copy the App, except as expressly permitted by this license;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App;

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including by making the App available on a network where it is capable of being accessed by more than one device at any time; or

(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the App.

2.3. Reservation of Rights. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. The Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

2.4. Collection and Use of Your Information. You acknowledge that when you download, install, or use the App, the Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this App is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

2.5. Updates. The Company may from time to time, in its sole discretion, develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

(a) the App will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.

2.6. Third-Party Materials. The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that the Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company 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 entirely at your own risk and subject to such third parties’ terms and conditions.

2.7. Term and Termination. The term of the License commences when you download the App and will continue in effect until terminated by you or the Company, in accordance with these Terms of Use. You may terminate the License by deleting the App and all copies thereof from your Mobile Device. The Company may terminate the License at any time without notice. In addition, the License will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms of Use. Upon terminationof the License, all rights granted to you under the License will also terminate and you must cease all use of the App and delete all copies of the App from your Mobile Device and account. Termination of the License will not limit any of the Company’s rights or remedies at law or in equity.

2.8. Export Regulation. The App may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.

3. RIGHTS WE GRANT YOU

Any license or rights we grant you is for the sole purpose of letting you use and enjoy the App in accordance with these Terms of Use and our Community Guidelines, set forth in Section 7 below.

The Company name, the terms Hiking Bingo, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.

4. SUBMISSION OF CONTENT 

4.1. Updates to the App may allow you to create and submit materials, such as pictures, videos, and comments (including associated metadata and artwork). Your use of such features must comply with the Community Guidelines set forth in Section 7 below, which may be updated from time to time. Any content you submit using the App will be considered non-confidential and non-proprietary. You hereby grant Company and our affiliates and services providers, and each of their and our respective licensees, successors, and assigns a worldwide, royalty-free, perpetual, nonexclusive license to use, host, store, display, reproduce, modify, adapt, edit, publish, distribute, promote, exhibit, broadcast, syndicate, publicly perform, distribute, and otherwise disclose the materials you submit or create within the App for the purpose of operating, developing, providing, promoting, marketing, and improving, and Company’s internal purposes. 

4.2.  While we’re not required to do so, we may access, monitor, review, screen, edit, and delete your content at any time and for any reason, including to provide and develop the App or if we think your content violates these Terms of Use. You remain responsible for the content you create, upload, post, send, or store through the App. 

4.3. You represent and warrant that: (a) you own or control all rights in and to the content you submit through the App and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (b) all of the content you submit through the App does and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any content that you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any of the content submitted by you or any other user of the App.

5. CONTENT OF OTHERS

Some of the content on our App is produced by other users and third-parties. Such content is the sole responsibility of the person that submitted it. Although we reserve the right to monitor or remove all content that appears on the App, we may not monitor it all, and we cannot guarantee that the content on the App or that third-parties use of our App will conform to our Terms of Use. Company is not responsible for any content others provide through the App.

6. MONITORING AND ENFORCEMENT; TERMINATION

6.1. We have the right to:

(a) remove or refuse to post any content you submit for any or no reason in our sole discretion;

(b) take any action with respect to any content you submit that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Terms of Use, including the Community Guidelines set forth below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the App or the public, or could create liability for Company;

(c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

(d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App; or

(e) terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Use.

6.2.  Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting or submitting any materials on or through the App. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

6.3. We cannot, and we do not undertake to, review all material submitted by users, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

7. COMMUNITY GUIDELINES

7.1. The community guidelines set forth in this Section (the “Community Guidelines”) apply to all content on the App and any use of any interactive services. The content you provide or submit to the App must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, such content must not:

(a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;

(b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

(c) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, or post any materials you do not have permission, right, or license to use;

(d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;

(e) be likely to deceive any person;

(f) promote any illegal activity, or advocate, promote, or assist any unlawful act;

(g) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;

(h) impersonate any person, or misrepresent your identity or affiliation with any person or organization;

(i) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising;

(j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;

(k) post personal, private or confidential information belonging to others; or

(l) request personal information from a minor.

7.2. If you violate these Community Guidelines, we may remove the content, terminate your account, and/or notify law enforcement. 

8. COPYRIGHT INFRINGEMENT

8.1. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access to them) from the App 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:

(a) your physical or electronic signature;

(b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the App, a representative list of such works;

(c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;

(d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);

(e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;

(f) a statement that the information in the written notice is accurate; or

(g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

8.2. Our designated copyright agent to receive DMCA Notices is:

 contactus@hikingbingo.com

Coach M Pryor LLC

Attn: Copyright Officer  

8.3. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the App is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

8.4. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

9. PROHIBITED USES

9.1. You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:

(a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

(b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

(c) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Community Guidelines set out in these Terms of Use;

(d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

(e) to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or

(f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm Company or users of the App, or expose them to liability.

9.2. In addition, you agree not to:

(a) use the App in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App, or that could damage, disable, overburden, or impair the functioning of the App;

(b) use any robot, spider, crawler, scraper, or other automated means or interface to access the App or extract other user’s information;

(c) use or develop any third-party applications that interact with the App or other users’ content or information without our written consent;

(d) use or attempt to use another user’s account, username, or password without their permission;

(e) solicit login credentials from another user;

(f) submit or post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence;

(g) upload viruses or other malicious code or otherwise compromise the security of the App;

(h) attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the App that you are not authorized to access;

(i) probe, scan, or test the vulnerability of the App or any system or network; or

(j) encourage or promote any activity that violates these Terms of Use.

10. RELIANCE ON INFORMATION POSTED

10.1. The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

10.2. The App may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

11. PRIVACY

Your privacy matters to us. You can learn how we handle your information when you use the App by reading our Privacy Policy. You should review the Privacy Policy carefully because, by using our Services, you agree that Company can collect, use, and share your information consistent with that policy.

12. CHANGES TO THE APP

We are always trying to improve our App and offer new services. Therefore, we may add or remove features, products, or functionalities, and we may also suspend or stop the App altogether. We may take any of these actions at any time, and when we do, we may not provide you with any notice beforehand.

13. THIRD-PARTY SERVICES

Some services, features, or functionalities of the App may be operated by a third-party. Where a third-party service is made available through our App, that parties terms will govern your relationship. Company is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

14. DISCLAIMER

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE APP. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH COMPANY WILL BE RESPONSIBLE FOR.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE, OR INABILITY TO USE, THE APP; (B) ANYTHING LINKED TO THE APP; (C) ANY CONTENT ON THE APP OR SUCH OTHER LINKS; (D) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE APP; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOU CONTENT; INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID COMPANY, IF ANY, IN THE LAST TWELVE (12) MONTHS.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, any content you submit or provide, any use of the App’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.

17. GOVERNING LAW AND JURISDICTION

All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Diego and County of San Diego, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. ARBITRATION

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

19. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20. WAIVER AND SEVERABILITY

No waiver by Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21. ENTIRE AGREEMENT

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Coach M Pryor LLC regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

22. YOUR COMMENTS AND CONCERNS

This App is operated by Coach M Pryor LLC located in Encinitas, CA.

All notices of copyright infringement claims should be sent to the copyright agent designated in Section 8 in the manner and by the means set out therein.

All other feedback, comments, and other communications relating to the App should be directed to: contactus@hikingbingo.com.