Website Terms of Use

Last Updated: April 13, 2024

Welcome to thealtitude.app a website by Altitude Software Corporation ("Company", "Altitude", "we," or "us"). This page explains the terms by which you may use our website (the "Site"). By accessing or using the Site, you signify that you have read, understood, and agree to be bound by these Terms of Use ("Agreement") and to the collection and use of your information as set forth in our Privacy Policy at www.thealtitude.app/privacy-policy. Company reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below. This Agreement applies to all visitors and others who access the Site ("Users").

Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

1. Use of Our Site
   A. Eligibility
   This is a contract between you and Company. You must read and agree to these terms before using the Site. If you do not agree, you may not use the Site. You may use the Site only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Site by anyone under 13 is strictly prohibited and in violation of this Agreement. The Site is not available to any Users previously removed from the Site by Company.
   B. Access to the Site
   Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site for your personal, noncommercial use only and as permitted by the features of the Site. Company reserves all rights not expressly granted herein in the Site and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason.
   C. Site Rules
   You agree not to engage in any of the prohibited activities listed here, including but not limited to: copying or distributing the Site, using automated systems to access the Site, transmitting spam, attempting to interfere with the Site, uploading invalid data, impersonating others, or bypassing measures to restrict access to the Site. Accessing any audiovisual content on the Site other than through Streaming (as defined) is prohibited. We may change, limit, or terminate the Site at any time.
2. Our Proprietary Rights
   The Site and all materials therein, including software, images, text, graphics, and intellectual property, are the exclusive property of Company and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted is prohibited.You may submit comments or ideas about the Site ("Ideas"). By submitting any Idea, you agree that Company may use the Idea without any additional compensation to you, and/or disclose the Idea on a non-confidential basis. 
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   By using the Site, you consent to the collection, use and disclosure of your personally identifiable information as set forth in our Privacy Policy at www.thealtitude.app/privacy-policy.
   A. Security
   Company cares about the security of your personal information, but cannot guarantee that unauthorized third parties will never defeat our security measures.
   B. Third-Party Links and Information
   ‍The Site may contain links to third-party materials that are not owned or controlled by Company. Company does not endorse or assume responsibility for such third-party sites, information, materials, products, or services. Your dealings with advertisers found on the Site are solely between you and the advertisers.Indemnity You agree to defend, indemnify and hold harmless Company from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from your use of the Site, your violation of this Agreement, or your violation of any third-party right, law, rule or regulation.
   C. No Warranty
   The Site is provided "as is" and "as available" without warranties of any kind. Company does not warrant the accuracy, reliability, or correctness of the Site. You download or use the Site at your own risk.
   D. Limitation of Liability
   To the maximum extent permitted by law, Company shall not be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or relating to the use of the Site. Company's total liability shall not exceed the greater of $100 or the amount you paid Company.
   
3. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
   A. Governing Law
   This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Wilmington, Delaware for any actions for which Company retains the right to seek injunctive or equitable relief.
   B. Arbitration
   Any dispute will be resolved by binding arbitration administered by JAMS in Wilmington, except Company may seek injunctive relief in court.
   C. Class Action/Jury Trial Waiver
   You and Altitude each waive the right to participate in a class action, collective action, or other representative proceeding, and to a jury trial.
4. General
   This Agreement constitutes the entire agreement between you and Company. If any provision is deemed invalid, the remaining provisions shall remain in full force. Company's failure to assert any right shall not constitute a waiver. This Agreement is not assignable by you. Company may modify this Agreement and will notify you of material changes. Your continued use constitutes acceptance of the new terms