End User License Agreement and Terms of Service
Effective Date: November 27, 2014
Last Updated Date: October 6, 2015
Material Terms. As provided in greater detail in this End User License Agreement and Terms of Service (this “EULA”) (and without limiting the express language of this EULA below), you acknowledge the following:
- the App is licensed, not sold to you, and that you may use the Service (as defined below) only as set forth in this EULA;
- the use of the Service may be subject to separate third party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are solely your responsibility;
- the App and Service are provided “as is” without warranties of any kind and Shurpa’s liability to you is limited;
- disputes arising hereunder will be resolved by binding arbitration. By accepting this EULA, as provided in greater detail in Section 14 of this EULA, you and Shurpa are each waiving the right to a trial by jury or to participate in a class action;
- the App may require access to the following services or resources on your mobile device: applicable device identifier, GPS location, Social Media information, SMS data.
- if you are using the App on an iOS-based device, you agree to and acknowledge the “Notice Regarding Apple,” below.
- Introduction and Eligibility
Please read this EULA carefully before using the Service (as defined below).
We have included several annotations in boxes to help explain the legal jargon and emphasize key sections. These annotations are for convenience only and have no legal or contractual effect.
|This agreement is a legally binding contract. It may change as the Service changes, and you agree you will review it and any updates regularly.|
Binding Agreement. This EULA constitutes a binding agreement between you and Shurpa, Inc. and its affiliates and subsidiaries (the “Shurpa” “we,” “us,” and “our”) governing your use of the Service. “Service” means any mobile application under the control of Shurpa, whether partial or otherwise, that references this EULA (the “App”) and all Internet services under the control of Shurpa that are operated in connection with the App, including, but not limited to www.shurpadelivery.com. “You” and “users” mean all visitors to the Service. BY INSTALLING OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, THEN YOU MAY NOT DOWNLOAD OR USE THE APP OR THE SERVICE.
You may use the Service only if you can form a binding contract with Shurpa and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You accept this EULA each time you access the Service. If you do not accept this EULA, you must not use the Service.
Revisions to Terms. We may revise this EULA at any time by posting an updated version. You should visit this page periodically to review the most current EULA, because you are bound by it. Your continued use of the Service after a change to this EULA constitutes your binding acceptance of this EULA. Notwithstanding the preceding sentences of this paragraph, no revisions to this EULA will apply to any dispute between you and Shurpa that arose prior to the date of such revision.
Children. No part of the Service is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Service, you represent and warrant you are at least 18 years of age, or, if you are under 18 years of age (but 13 years of age or older), then you affirm that you possess the legal consent of your parent or guardian to access and use the Service.
Eligibility. If you are using or opening an account on the Service on behalf of a company, entity, or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to the EULA and (ii) agree to be bound by the EULA on behalf of such Subscribing Entity.
You affirm that you have not been previously suspended or removed from the Service.
The terms “Post” and “Posting” as used in this EULA mean the act of submitting, uploading, publishing, displaying, or similar action on the Service.
- The Shurpa Service
The Service ensures you never miss another package delivery. Through the Service, you can have your packages from online retailers (each, a “Box”) shipped to Shurpa and Shurpa will deliver your Box to you when and where you choose (each delivery from Shurpa is a “Delivery”). YOU MAY NOT, UNDER ANY CIRCUMSTANCES, INCLUDE THE ANY OF THE FOLLOWING ITEMS IN A DELIVERY:
- People or animals of any size;
- Illegal items;
- Fragile items;
- Very expensive or rare items;
- Dangerous or hazardous items, including but not limited to weapons, hazardous waste or human remains, explosives, or flammable items;
- Stolen goods;
- Any other good for which the transportation of such item is prohibited by applicable law or regulation of any federal, state, provincial, or local government in the origin or destination country (collectively, with all other illegal goods or contraband, “Prohibited Goods”).
SHURPA RESERVES THE RIGHT TO OPEN AND INSPECT ANY BOX. SHURPA REERVES THE RIGHT TO REFUSE TO PROVIDE THE SERVICE FOR ANY DELIVERY TO OR FROM ANY LOCATION, OR TO INTERCEPT, HOLD, OR RETURN ANY DELIVERY, WHEN AMONG OTHER REASONS, SHURPA, IN ITS SOLE DISCRETION, DETERMINES THAT IT IS UNSAFE OR ECONOMICALLY OR OPERATIONALLY IMPRACTICABLE TO PROVIDE THE SERVICE, OR THAT THE SERVICE IS BEING USED IN VIOLATION OF FEDERAL, STATE, OR LOCAL LAW, OR FOR FRAUDUENT PURPOSES. THE SERVICE IS NOT INTENDED TO BE USED FOR THE DELIVERY OF ANY PROHIBITED GOODS AND SHURPA WILL COOPERATE FULLY WITH ANY LAW ENFORCEMENT INVESTIGATION REGARDING ANY PROHIBITED GOODS DELIVERED BY SHURPA. You may access the Service for your personal use only and solely as intended through the provided functionality of the Service and as permitted under this EULA.
If you choose to access the Service through a mobile device, you are responsible for all charges, including data fees, from your Carrier.
|We use third-party services to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their actions.|
Third-Party Services. The Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Service. Some of these third-party websites may use Shurpa Content (defined below) under license from Shurpa. Shurpa is not responsible for these third-party websites, whether or not Shurpa is affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that Shurpa is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Service.
Service Security. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Service, at Shurpa’s sole discretion. Shurpa reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Service.
Advertising. The Service may include advertisements or sponsored features. These advertisements may be targeted to the Content (as defined below) or other information on the Services. The types and extent of advertising on the Service is subject to change. In consideration for Shurpa granting you access to and use of the Service, you agree that Shurpa and its third party providers and partners may place such advertising on or within the Service or in connection with the display of information from the Service whether submitted by you or others.
Drivers. The Service uses third party independent contractors to complete Deliveries (“Drivers”). DRIVERS MAY NOT ACCEPT TIPS. THE RELEASED PARTIES (AS DEFINED BELOW) DISCLAIM ALL LIABIITY FOR ANY ACTIONS OR OMISSIONS TAKEN BY DRIVERS OCCURING IN THE COURSE OF A DELIVERY. Any and all disputes between you and a Driver must be resolved directly between you and such Driver.
|The App is licensed, not sold to you, and that you may use the Service only as set forth in this EULA.|
The App is licensed, not sold, to you for use only under this EULA. Shurpa reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with this EULA, Shurpa hereby grants you a personal, limited, revocable, non-transferable license to use the Service solely for your personal, non-commercial use, and to use the App on any compatible device that you own or control. You may not modify, alter, reproduce, distribute, or make the Service available over a network where it could be used by multiple devices or users at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or Third Party Terms (as defined below)), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service or any content available through the Service, including, but not limited to, any sound recordings or music videos accessible through the Service, and any musical works embodied in either. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this EULA will govern any updates provided to you by Shurpa that replace and/or supplement the original App or any other portion of the Service, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
- Third Party Software
|The App may contain components that are owned by third parties, which are provided under separate license terms.|
The software you download consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package”) provided under separate license terms (the “Third Party Terms”), as described in more detail at the bottom of this EULA. Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.
- Financial Matters
|You may have to pay a fee to use certain features of the Service.|
Consideration. You understand and agree that this EULA is entered into in consideration of your use of the App and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
Fees. We may charge you a fee (the “Fee”) for use of the Service. Fees will differ depending on which features of the Service you choose, such as one-off Deliveries, monthly Subscriptions (as defined below) or messenger services. The price for utilizing these features will be displayed on the Service. If you choose to pay through the App, payments of such Fees will be governed by your app store’s terms applicable to in-app purchases.
Subscriptions. The Service may offer you the ability to schedule unlimited Deliveries for a monthly fee (a “Subscription” and each such fee is a “Subscription Fee”). Shurpa may offer different Subscription Fees for individual Users and Subscribing Entities. If you enroll in a Subscription, Subscription Fees are charged monthly, on the day of the month corresponding to the day of the month you originally became a subscriber, or if you became a subscriber on the last day of the month, on the last day of each month (the “Subscription Period”). By choosing a Subscription, you authorize Shurpa to charge your credit card the then-current Subscription Fee corresponding to your Subscription for each Subscription Period until you cancel your Subscription. Shurpa may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover the Subscription Fee. You may cancel your Subscription at any time, but your cancellation of a Subscription will not be effective until the end of the then-current Subscription Period. If Shurpa changes the Subscription Fees for the Service, including by adding additional fees or charges, Shurpa will provide you advance notice of such changes. If you do not accept such changes, Shurpa has the right to discontinue providing the Service to you.
Taxes and Fees. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
Damaged Goods. If your Box is damaged before it is delivered to Shurpa (e.g., while in the possession of another third party shipping company), we will notify you immediately upon receipt, to the extent such damage is obvious to us and assist you in any way we can to seek a remedy from such third party shipping company.
|If you create an account, you are responsible for your log-in credentials.
You are responsible for any activity resulting from the use of your log-in credentials on the Service.
Your Log-In Credentials. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
The Service rewards you for encouraging your friends to enroll in the Service. To enroll in our referral program (the “Referral Program”), you must create an Account. Once you register, you will receive a custom referral code (the “Referral Code”) associated only with you. When a non-User creates an Account using your Referral Code (such User is the “Referred User”), we will credit one free Delivery to each of your Account and the Referred User’s Account. We reserve the right to modify or cancel the Referral Program at any time.
|Shurpa may communicate with you by email, text message, or posting notice via the Service. You may request that we provide notice of security breaches in writing.|
You agree to receive email from us at the email address you provided to us for customer service-related purposes.
Text Messages. By providing your phone number to us, you expressly consent to our sending you text messages regarding your Account and any Deliveries you have scheduled. You may opt-out of receiving these text messages at any time.
- Shurpa’s Content Ownership and Use
|Shurpa owns all of the content we create, but you may use it while you use the Service. You cannot use our logo without our written permission.|
The contents of the Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and Shurpa content (collectively, the “Shurpa Content”). All Shurpa Content and the compilation (meaning the collection, arrangement, and assembly) of all Shurpa Content are the property of Shurpa or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to this EULA, to access and use the Service and Shurpa Content solely for the use of the services provided by Shurpa, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of Shurpa Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Shurpa Content on any copy you make of Shurpa Content.
You may not copy, reproduce, republish, upload, post, transmit, or distribute material made available on or through the Service in any way without written permission of the copyright owner. You may not download or copy materials that we do not make expressly available for download without our prior written permission. Modification of materials obtained from the Service for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of Shurpa or its licensors, unless you have obtained express written authorization to the contrary.
No Commercial Use. No materials obtained from the Service, even if authorized for download from the Service, may be redistributed, nor may they be used for any commercial purpose, without Shurpa’s prior written permission.
No Implied Rights. There are no implied licenses granted in this EULA. All rights not granted herein are expressly reserved by Shurpa, or our licensors.
Company Marks. Shurpa, the Shurpa logo, and other Shurpa logos and product and service names are or may be trademarks of Shurpa or its licensors (the “Shurpa Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Shurpa Marks.
- Suggestions and Submissions
|We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.|
We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will:
have a perpetual, irrevocable, non-exclusive right in and to any Creative Ideas and will own exclusive any derivative works based upon your Creative Ideas created by or for us;
not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
- Content Disclaimers, Limitations, and Prohibitions
|You are responsible for your actions when using and relying on the Service or content available on the Service.|
We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by third parties. You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
|Information and other materials you may view on the Service may be offensive or otherwise objectionable to you. Your use of the Service and any content made available via the Service is at your own risk.|
You understand that by using the Service, you may encounter data, information, applications or materials from third parties, including other users of the Service (“Third Party Materials”) and other content, including Shurpa Content (as defined below) (collectively, “Content”), that may be deemed offensive, harmful, indecent, objectionable, inaccurate, deceptive, or otherwise inappropriate which Content may or may not be identified as having explicit or inappropriate language or other material. Nevertheless, you agree that your use of the Service and reliance upon any Content accessible through the Service is at your sole risk and that Shurpa shall not have any liability to you for content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable or inappropriate.
|Do not do bad things with the Service, try to break it, or steal our hard work.|
You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not:
attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service;
bypass, circumvent, damage, or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage;
use data mining, robots, or other data gathering devices on or through the Service;
post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
disclose personal information about another person via the Service or obtained from the Service without the consent of such person, or collect information about users of the Service;
post objectionable material;
“stalk,” harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Shurpa employees;
disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time chats;
sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
post advertising or marketing links or content, except as specifically allowed by this EULA;
use the Service after your account has been terminated or disabled, without our consent;
use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to Shurpa or others;
buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your account without Shurpa’s prior written consent;
access the Service from a jurisdiction where it is illegal or unauthorized;
reproduce any part of the Service;
solicit personal information from anyone under the age of 18;
promote any criminal activity on the Service; or
assist or permit any persons in engaging in any of the activities described above or otherwise prohibited under this EULA.
- Consequences of Violating this EULA
|If you do not act appropriately, we may prohibit your use of the Service.|
We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, without notice and at our discretion. We reserve the right to refuse to provide the Service or any portion thereof to you in the future and we may block or prevent your future access to and use of the Service or any portion thereof.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of this EULA and your use of the Service.
- Shurpa’s Liability
|We are not liable for the actions of our users when they use the Service. We may also change the Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Service or other websites.|
Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Shurpa of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
Third-Party Websites. The Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
We make no promises and disclaim all liability of specific results from the use of the Service.
Released Parties Defined. “Released Parties” include Shurpa and its affiliates, officers, employees, agents, service providers, partners, and licensors.
- DISCLAIMER OF WARRANTIES
|You use the Service at your own risk. We make no warranties or guarantees.|
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED OR PROVIDED BY SHURPA, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) THE RELEASED PARTIES MAKE NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON, OR DELIVERED THROUGH OR BY THE SERVICE WILL MEET YOUR EXPECTATIONS AND, AND (5) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (iii) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY AND INDEMNIFICATION
|We are not liable for anything that happens to you that somehow may be connected to your use of the Service. You may be responsible for our legal fees and costs arising out of your use of the Service.|
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHURPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED FOR IN THIS EULA, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; (vi) OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF SHURPA CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF $100 AND THE FEES YOU HAVE PAID TO SHURPA IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (1) your access, use, or misuse of the Service, (2) your use of or reliance on any third-party content, (3) your use of or reliance on any Shurpa Content, or (4) your breach of this EULA. Shurpa will use reasonable efforts to notify you of any such claim, action or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Shurpa is unable to communicate with you in a timely manner because of an inactive e-mail address for you, your indemnification obligation will continue notwithstanding Shurpa’s inability to contact you in a timely manner.
- General Terms
This EULA constitutes the entire agreement between you and Shurpa concerning your use of the Service. Our failure to exercise or enforce any right or provision of this EULA does not constitute a waiver of such right or provision. If any provision of this EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this EULA remain in full force and effect. The section titles and annotations in this EULA are for convenience only and have no legal or contractual effect. The provisions of this EULA that are intended to survive the termination of this EULA by their nature will survive the termination of this EULA, including, but not limited to, Sections 1 (Introduction and Eligibility), 2 (the Shurpa Service), 8 (Shurpa’s Content Ownership and Use), 9 (Suggestions and Submissions), 10 (Content Disclaimers, Limitations, and Prohibitions), 12 (Shurpa’s Liability), 13 (General Terms), and 14 (Arbitration, Class Waiver, and Waiver of Jury Trial).
- Arbitration, Class Waiver, and Waiver of Jury Trial
|We are located in Chicago, Illinois, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service.|
This EULA and the relationship between you and Shurpa is be governed by the laws of the state of Illinois without regard to its conflict of law provisions that would require the application of the law of another jurisdiction.
You and Shurpa agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
Any such arbitration between you and Shurpa, to the extent necessary, will be conducted in Chicago, Illinois, and you waive any right to claim that such location is an inconvenient forum. You covenant not to sue Shurpa in any other forum.
The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association, as modified herein. You and Shurpa agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this EULA:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Only if this arbitration provision is deemed to be null and void, then all disputes arising between you and Shurpa under this EULA will be subject to the exclusive jurisdiction of the state and federal courts located in or having jurisdiction over Chicago, Illinois, and you and Shurpa hereby submit to the personal jurisdiction and venue of these courts.
- Contact Information
2727 N. Halsted
Chicago, Illinois 60614
NOTICE REGARDING APPLE. You acknowledge that this EULA is between you and Shurpa only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary of this EULA. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Shurpa provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.