Terms of Service
Last Updated: June 15, 2021
Adrenaline, LLC or its subsidiary or affiliated companies (“Adrenaline”, “we”, or “our”) has created, controls and publishes this website (the “Site”).
Adrenaline provides the Site and related programs, websites, applications and services, including all associated online or digital documentation, as well as all updates and supplements provided by Adrenaline (collectively, the “Services”), subject to your compliance with these Terms of Service (the “Agreement”). This Agreement sets forth Adrenaline’s policies with respect to its operation of the Services. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT: (A) YOU ARE EITHER AT OR ABOVE THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE; (B) YOU OWN OR HAVE SUFFICIENT AUTHORIZATION TO USE THE COMPUTER, MOBILE DEVICE, TECHNOLOGY OR OTHER DEVICE YOU USE TO ACCESS THE SERVICES (EACH, A “DEVICE”); AND (C) YOU WILL ACCESS AND USE THE SERVICES IN ACCORDANCE WITH THIS AGREEMENT.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOUR ACCESS TO OR USE OF ANY PART OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY THIS AGREEMENT. IF AT ANY TIME YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY DISCONTINUE ACCESSING OR USING THE SERVICES.
IF YOU ARE USING THE SERVICES ON BEHALF OF AN ORGANIZATION OR ENTITY (“ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF THAT ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE ORGANIZATION TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” REFERS TO YOU AND THE ORGANIZATION.
You understand that the Services have been designed solely for use in the English (U.S.) language and that Adrenaline makes no representations or warranties that the Services will be adapted for use in any other language or format, although Adrenaline reserves the right to do so in its sole discretion.
Additional terms, such as the Connected Intelligence Terms of Service, presented in conjunction with certain programs or features offered by the Services, and certain areas within these and/or other Services (“Additional Terms”), may govern these programs, features or areas. You must agree to those Additional Terms before using those programs, features or areas. The Additional Terms and this Agreement, taken together, apply to your use of those programs, features or areas. If there is an inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Please review the Adrenaline Privacy Notice to learn about our practices regarding the collection, use, disclosure and protection of personal data. By using any part of the Services, you agree to the terms of the Adrenaline Privacy Notice.
2. DESCRIPTION OF SERVICES
Adrenaline provides a comprehensive cloud-based service management platform.
3. ACCOUNTS; SUSPENSION OR TERMINATION OF ACCOUNTS
If you register for an Adrenaline account to use the Services, you must complete the registration process specified on the Site by providing us with complete and accurate information as requested by such process. You must keep your registration data complete, accurate and up-to-date, and you are responsible for any loss caused by your failure to do so. After completing the registration process, you may be asked to choose a username and password. It is your responsibility to maintain the confidentiality of your account and password, whether your password is with Adrenaline or a third-party service. You are also responsible for all activities that occur under your account. You agree to notify Adrenaline immediately of any unauthorized use of your account. Adrenaline is not liable for any loss that you may incur because of someone else using your password or account. We may suspend or terminate your account if we have a reasonable belief that it is being used in connection with fraudulent activity, or you breach this Agreement or for any other reason we determine in our sole discretion, and also suspend or terminate your access to the Services, in whole or in part. You may have only one registered account at any given time. If we determine that you have multiple Adrenaline accounts or are otherwise not in compliance with this Agreement, we may close your accounts and delete all data in those accounts.
4. AUTHORIZED USERS
You may authorize certain users to access Services under your Adrenaline account (“Authorized Users”). You will ensure that all Authorized Users are over 18 years old. You will prevent unauthorized use of the Services by your Authorized Users and terminate any unauthorized use of or access to the Services. You will promptly notify Adrenaline of any unauthorized use of or access to the Services. Your Authorized Users must use the Services in compliance with this Agreement. You are responsible for use of the Services by your Authorized Users.
5. DISCLAIMER OF WARRANTIES
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SERVICES IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS AND SERVICES, CONTAINED WITHIN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. ADRENALINE AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SERVICES, INCLUDING THE SITE AND ITS CONTENTS (THE “ADRENALINE PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ADRENALINE PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. THE ADRENALINE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE ADRENALINE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR MATERIAL OF ANY KIND CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE.
THE ADRENALINE PARTIES ARE NOT RESPONSIBLE FOR ANY FAILURE TO ACCESS OR USE THE SERVICES OR FOR FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, LOST, INTERRUPTED, OR UNAVAILABLE CONNECTIONS OF ANY KIND, MISCOMMUNICATIONS OR FAILED TRANSMISSIONS OF DATA, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT OR ERROR RELATING TO THE SERVICES.
Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE ADRENALINE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL THE ADRENALINE PARTIES BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT OBTAINED THROUGH THE SERVICES; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE SERVICES, INCLUDING ANY SITE TO OR FROM WHICH THE SERVICES PROVIDE HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF YOUR USE OF OR ACCESS TO THE SERVICES, OR THE CONTENT OF ANY SITE OR SITES LINKED TO OR FROM THE SERVICES. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE ADRENALINE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT SHALL THE ADRENALINE PARTIES’ LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO ADRENALINE, IF ANY, FOR ACCESSING THE SERVICES.
7. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Adrenaline Parties from and against all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your or your Authorized Users use of the Services and/or any software. You agree to cooperate fully with Adrenaline in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
8. MODIFICATION/TERMINATION OF THE SERVICES
Except as otherwise set forth in the applicable Additional Terms, Adrenaline may, in its sole discretion, modify, suspend, or terminate the Services and/or any portion thereof at any time for any reason with or without notice to you.
If your account is cancelled or terminated, you will no longer be authorized to use the Services, but you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Adrenaline shall not be liable to you or any third party for any modification, suspension or termination of the Services or your access to the Services.
Adrenaline reserves the right to charge a fee for access to or use of the Services, including the Site, one of our mobile applications (each, an “App”) and any other services available through the Services, at any time in the future, and Adrenaline will notify you of such fee. Any fee charged for access to or use of the Services will be inclusive of applicable taxes where required by applicable law. Your access to or use of the Services before such time does not entitle you to access or use without charge in the future. We may change the fee for the Subscription or any other Service from time to time and will notify you of any change. Changes to the subscription fee will take effect at the start of the next subscription period following the date of the fee change. By continuing to use the Services after the fee change takes effect, you accept the new fee.
9. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THE SERVICES
Any software that is made available in connection with the Services, including Apps, podcasts, audio or video streaming (“Software”) is owned or controlled by, or licensed to, Adrenaline and is protected by copyright laws and international treaty provisions. Your and your Authorized Users’ use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies the Software, including the Connected Intelligence Subscription Agreement. Adrenaline has no liability with respect to any Software owned or controlled by third parties. In the event of a conflict between the terms of the Connected Intelligence Subscription Agreement and this Agreement, the terms of this Agreement shall control.
10. TECHNICAL SUPPORT
Adrenaline will provide technical support in connection with your use of the Services, provided that you pay any required fees in advance. Your use of technical support services is governed by the policies and procedures described in the user manual, online documentation, and/or other materials provided by Adrenaline relating to the Services. You understand that, except as set forth in the applicable Additional Terms, Adrenaline may use any and all technical information provided by you for its own business purposes, including (but not limited to) product support and development.
11. INTERRUPTION OF SERVICE
Adrenaline reserves the right to interrupt the Services from time to time on a regularly scheduled basis or otherwise, with or without notice, in order to perform necessary maintenance. You agree that Adrenaline will not be liable for any interruption of the Services, or from any delay or failure to perform for any reason. You acknowledge that the Services may also be interrupted for reasons beyond the control of Adrenaline, and, subject to any service level commitments set forth in the applicable Additional Terms, Adrenaline cannot make any assurances that You will be able to use the Services whenever You desire to do so.
12.THINGS YOU MAY NOT DO
In accessing and using the Services, you agree that you and your Authorized Users will not:
· Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
· Deliver any unlawful postings to or through the Services, or any postings which advocate unlawful activity.
· Deliver, or provide links to, any postings containing material that
o could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or objectionable
o harasses, victimizes, degrades, or intimidates an individual or group of individuals because of religion, race, ethnicity, sexual orientation, gender, age, or disability
o is defamatory, false or libelous
o infringes or violates any intellectual property or other right of any entity or person.
· Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships.
· Impersonate another person or entity or misrepresent your affiliation with a person or entity or adopt a false identity if the purpose of doing so is to deceive or defraud another.
· Manipulate identifiers, including by forging headers, to disguise the origin of any posting that you deliver.
· Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of any content available through the Services.
· Deliver any unauthorized posting containing personal data, such as phone numbers, social security numbers, account numbers, addresses or employer references.
· Use the Services in any manner which could damage, overburden or interfere with the use of the Services or other users’ devices, or damage, disrupt or limit the functioning of any software, hardware, or telecommunications equipment.
· Attempt to gain unauthorized access to the Services, any related website, or other accounts, computer systems, or networks connected to the Services, through hacking, password mining, or any other means.
· Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, including by collecting information about others such as email addresses.
You represent and warrant that your use of the Services will at all times comply with all applicable federal, state and local laws, rules, regulations, ordinances and orders.
13. INTERACTIVE SERVICES AND USER MATERIALS
Interactive Services
The Services may offer certain services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively, “Interactive Services”). The Interactive Services may be covered by Additional Terms, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available Interactive Services may change from time to time in Adrenaline’s sole discretion.
User Materials
Adrenaline does not control and is not responsible for any information or other materials delivered through the Services by you or other users, including any personal data and feedback data such as questions, comments and suggestions regarding the Services or any portion of the Services (collectively, “User Materials”). Adrenaline is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, Adrenaline reserves the right to do so at any time in its sole discretion, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. Adrenaline is not liable for damages of any kind arising from or related to any User Materials, including its refusal, alteration or deletion of any User Materials, even when it is advised of the possibility of such damages.
You are solely liable for all User Materials delivered to the Services using your account. Any violation of these provisions may subject your account to immediate termination and further legal action. You represent and warrant that you own or control all rights to the User Materials and that public posting and use of the User Materials by Adrenaline will not violate the rights of any third party.
By providing or modifying any User Material, you are granting Adrenaline and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and use such User Material (including any ideas, concepts, know-how or techniques contained in such User Material) for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products incorporating such User Material, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may provide. Adrenaline also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in the Adrenaline Privacy Notice.
The information and opinions expressed in User Materials are not necessarily those of Adrenaline or its content providers, advertisers, sponsors, affiliated or related entities, and Adrenaline makes no representations or warranties regarding that information or those opinions, and expressly disclaims any liability for User Materials. Adrenaline does not represent or guarantee the accuracy, completeness or reliability of any User Materials and has no obligation to determine whether the User Materials violate the rights of others. Adrenaline has no control over whether the User Materials are of a nature that you or other users might find offensive, distasteful or unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk. You acknowledge that some portions of the Site are “public,” and in addition to the license granted to Adrenaline, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Materials which violate this Agreement, please contact us at info@adrenalinex.com. Please provide as much detail as possible, including a copy of the underlying material, the location where Adrenaline may find it, and the reason such User Materials should be removed. Please note that filing a complaint will not guarantee its removal, and Adrenaline will only remove User Materials if it believes that removal is necessary. If any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled “Copyright Infringement.”
Other than those we specifically request, we do not accept unsolicited content or suggestions. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you submit any unsolicited content or suggestions to us, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limiting those rights, you agree that Adrenaline, our affiliates and our licensees are free to use any information contained in any communication you send to us for any purpose whatsoever without your approval and without any credit, notice or compensation to you.
14. MOBILE DEVICES
Through use of the Services, you may be able to: (a) upload content to the Site via your mobile device, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the Site from your mobile device and/or (d) access certain features you have downloaded and installed on your mobile device (collectively the “Mobile Services”). In order to do so, you must have a mobile communications subscription with a participating carrier (or have the consent of the applicable subscriber) or have access to a mobile communications network. You are solely responsible for paying any service fees associated with any such access (including text messaging and data charges for each text message and any data you send and receive on your mobile device, as applicable). You must provide all equipment and software necessary to connect to the Mobile Services, including, but not limited to, a mobile device that is in working order and suitable for use in connection with the Mobile Services. You must ensure that your device and/or software does not disturb or interfere with the Mobile Services, including the Site’s or any App’s operations. Any equipment or software causing interference will be immediately disconnected from the Mobile Services, and Adrenaline may immediately suspend or terminate your further use of the Mobile Services. If any upgrade to the Mobile Services requires changes in your equipment or software, you must make these changes at your own expense. Unless explicitly stated otherwise, any additional features that augment or enhance the current Mobile Services will be subject to the terms and conditions of this Agreement. You agree to comply with any applicable laws in your use of the Mobile Services.
15.ADRENALINE COMMUNICATIONS
YOU AGREE TO RECEIVE COMMUNICATIONS FROM ADRENALINE, INCLUDING VIA E-MAIL, TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS. YOU AGREE THAT TEXTS, CALLS OR PRERECORDED MESSAGES MAY BE GENERATED BY AUTOMATIC TELEPHONE DIALING SYSTEMS, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, OPERATIONAL COMMUNICATIONS CONCERNING YOUR ADRENALINE ACCOUNT OR USE OF THE SERVICES, UPDATES CONCERNING FEATURES OF THE SERVICES, COMMUNICATIONS CONCERNING PROMOTIONS RUN BY US OR OUR THIRD-PARTY PARTNERS. STANDARD TEXT MESSAGING CHARGES APPLIED BY YOUR CELL PHONE CARRIER WILL APPLY TO TEXT MESSAGES ADRENALINE SENDS.
IF YOU DO NOT WISH TO RECEIVE PROMOTIONAL EMAILS, TEXT MESSAGES, OR OTHER COMMUNICATIONS, YOU MAY OPT OUT OF SUCH COMMUNICATIONS AT ANY TIME VIA A FUNCTIONALITY PROVIDED BY THE SERVICES. YOU MAY ALSO OPT-OUT OF RECEIVING TEXT MESSAGES FROM INSTACART BY REPLYING “STOP” FROM THE DEVICE RECEIVING THE MESSAGES.
16. INTERNATIONAL USE/U.S. EXPORT CONTROLS
Accessing materials through the Services by certain persons in certain countries may not be lawful, and Adrenaline makes no representation that materials provided through the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from outside the United States, you do so at your own risk.
The United States controls the export of any software downloadable from the Services. No software or any other materials associated with the Services may be downloaded, exported or re-exported to countries or persons prohibited under export control laws, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
17. DISPUTES AND ARBITRATION
Any dispute, controversy or claim arising out of or relating to this Agreement or the breach or termination hereof shall be submitted to JAMS/Endispute or its successor (“JAMS”) for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS for final and binding arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration with JAMS in Atlanta, Georgia before three (3) arbitrators. The arbitration shall be administered by JAMS pursuant to its Expedited Arbitration Rules and Procedures, or its equivalent. In addition to all other relief, the arbitrator shall have the power to award reasonable attorneys’ fees and costs to the prevailing party. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction in Georgia and no other jurisdiction.
18. GENERAL
This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If any provision of this Agreement, or the application thereof to any person, entity or circumstances, is held invalid or unenforceable, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement (including any limitations of liability or other exclusions of damages) shall remain unaffected and in full force and effect.
The failure of either party to insist upon strict performance of any provision of, or to exercise any right available under, this Agreement shall not be construed as a waiver of any provision or right.
Unless expressly provided otherwise, this Agreement, together with any amendments and additional agreements you may enter into with Adrenaline, constitutes the entire agreement between you and Adrenaline with respect to the use of the Services and shall not be modified except in writing, signed by an authorized representative of Adrenaline.
No party shall be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused directly or indirectly by a force majeure event. In any such event, the non-performing party shall be excused from any further performance and observance of the obligations so affected only for as long as such circumstances prevail and such party continues to use commercially reasonable efforts to recommence performance or observance as soon as practicable.
All representations, warranties and indemnification obligations made or undertaken by you will survive any cancellation or termination of your account.
You may not assign this Agreement or any Additional Terms, nor may you delegate or subcontract any of your obligations under this Agreement or any Additional Terms, in each case without the express prior written consent of Adrenaline.
If you have any questions concerning this Agreement or the Services, please contact us at info@adrenalinex.com.
19. INTELLECTUAL PROPERTY
Use of Intellectual Property
The Services, and its contents, including but not limited to text, photographs, graphics, video and audio material, software, Adrenaline logos, titles, characters, names, and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Adrenaline or by other parties that have provided rights thereto to Adrenaline.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through the Services, in whole or in part, without the express written permission of Adrenaline. Notwithstanding the foregoing, you may view, store, print, reproduce and distribute pages within the Services solely for your personal or internal, non-commercial purposes, provided that (a) no such pages are modified, and (b) this page and any notice in such pages regarding use or ownership are included with such stored, reproduced or distributed pages.
Any trademarks, service marks, product names and company names or logos appearing in any part of the Services that are owned by Adrenaline, its affiliates, licensors, or suppliers may not be used without express permission from the respective owner.
Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site, or frame or mirror the Site, or any web page or material contained within the Services, nor may any entity include a hyperlink to any aspect of the Services in an email for commercial purposes, without the express written permission of Adrenaline.
Copyright Infringement
Adrenaline respects the intellectual property rights of third parties and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any User Materials through the Services, you are granting permission to have such User Materials posted on the Site or via any other of the media channels used for the Services and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Adrenaline reserves the right to remove access to infringing material. Such actions do not affect any other rights Adrenaline may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act (the “Notification”), to our Designated Agent, who can be reached as follows:
By mail:
DMCA Designated Agent
Adrenaline, LLC
[ADDRESS]
By email: info@adrenalinex.com
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include 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 at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Adrenaline to locate the material.
(iv) Information reasonably sufficient to permit Adrenaline to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) 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.
(vi) 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.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
20. MODIFICATIONS TO THIS AGREEMENT
Adrenaline may modify this Agreement from time to time. If we make material changes to this Agreement, we will notify you by email or through a message posted on the Services. You agree that such modified Agreement will be effective thirty (30) days after our notice to you, except for changes that relate to new features or for legal reasons, which will become effective immediately. In any event, by continuing to use the Services after we have provided notice to you, you will have accepted the modified Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Services.