End-User License Agreement ("Agreement")
Last updated: February 12, 2018
Please read this End-User License Agreement ("Agreement") carefully before clicking the "Terms & Conditions" checkbox and downloading or using WP Nearby Places ("Plugin").
By clicking the checkbox, downloading or using the Plugin, you are agreeing to be bound by the Terms and Conditions and this End-User License Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and Albert Harlow & Sons, Inc. and it governs your use of the Plugin made available to you by Albert Harlow & Sons, Inc.
If you do not agree to the terms of this Agreement, do not check the Terms & Conditions checkbox during purchase and do not download or use the Plugin.
The Plugin is licensed, not sold, to you by Albert Harlow & Sons, Inc. for use strictly in accordance with the terms of this Agreement.
Albert Harlow & Sons, Inc. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Plugin strictly in accordance with the terms of this Agreement, and the license terms.
You agree not to, and you will not permit others to:
- modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Plugin.
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Albert Harlow & Sons, Inc. or its affiliates, partners, suppliers or the licensors of the Plugin.
The Plugin, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are and shall remain, the sole and exclusive property of Albert Harlow & Sons, Inc.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Albert Harlow & Sons, Inc. with respect to the Plugin shall remain the sole and exclusive property of Albert Harlow & Sons, Inc.
Albert Harlow & Sons, Inc. shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Plugin
Albert Harlow & Sons, Inc. reserves the right to modify, suspend or discontinue, temporarily or permanently, the Plugin or any service to which it connects, with or without notice and without liability to you.
Updates to Plugin
Albert Harlow & Sons, Inc. may from time to time provide enhancements or improvements to the features/functionality of the Plugin, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Plugin. You agree that Albert Harlow & Sons, Inc. has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Plugin to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Plugin, and (ii) subject to the terms and conditions of this Agreement.
The Plugin may display, include or make available third-party content (including data, information, Plugins and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Albert Harlow & Sons, Inc. shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Albert Harlow & Sons, Inc. does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services 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.
Term and Termination
This Agreement shall remain in effect until terminated by you or Albert Harlow & Sons, Inc.
Albert Harlow & Sons, Inc. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Albert Harlow & Sons, Inc., in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Plugin and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Plugin and delete all copies of the Plugin from your mobile device or from your computer.
Termination of this Agreement will not limit any of Albert Harlow & Sons, Inc.'s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold Albert Harlow & Sons, Inc. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Plugin; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Plugin is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Albert Harlow & Sons, Inc., on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Plugin, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Albert Harlow & Sons, Inc. provides no warranty or undertaking, and makes no representation of any kind that the Plugin will meet your requirements, achieve any intended results, be compatible or work with any other software, Plugins, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Albert Harlow & Sons, Inc. nor any Albert Harlow & Sons, Inc.'s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Plugin, or the information, content, and materials or products included thereon; (ii) that the Plugin will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Plugin; or (iv) that the Plugin, its servers, the content, or e-mails sent from or on behalf of Albert Harlow & Sons, Inc. are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Albert Harlow & Sons, Inc. and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Plugin.
To the maximum extent permitted by applicable law, in no event shall Albert Harlow & Sons, Inc. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Plugin, third-party software and/or third-party hardware used with the Plugin, or otherwise in connection with any provision of this Agreement), even if Albert Harlow & Sons, Inc. or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
For U.S. Government End Users
The Plugin and related documentation are "Commercial Items", as that term is defined under 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used under 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
You may not export or re-export the Plugin except as authorized by United States law and the laws of the jurisdiction in which the Plugin was obtained.
In particular, but without limitation, the Plugin may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
By installing or using any component of the Plugin, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
Amendments to this Agreement
Albert Harlow & Sons, Inc. reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Plugin after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Plugin.
The laws of Ohio, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Plugin. Your use of the Plugin may also be subject to other local, state, national, or international laws.
This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.
If you have any questions about this Agreement, please contact us.
The Agreement constitutes the entire agreement between you and Albert Harlow & Sons, Inc. regarding your use of the Plugin and supersedes all prior and contemporaneous written or oral agreements between you and Albert Harlow & Sons, Inc.
You may be subject to additional terms and conditions that apply when you use or purchase other Albert Harlow & Sons, Inc.'s services, which Albert Harlow & Sons, Inc. will provide to you at the time of such use or purchase.