Ambit Beta Terms of Service
Please read the following Terms of Service carefully because they describe your rights and responsibilities when using our website and mobile applications during the beta stage.
Ambit, Inc. (“Ambit,” “we” or “us”) provides this site as a service to beta-testers using Ambit’s online services, including the Ambit website (“Site”) and mobile application (“Mobil App,” and collectively, the “Ambit Services”). THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AMBIT AND GOVERNS YOUR USE OF THE AMBIT SERVICES. Subject to your acceptance of and adherence to these terms of service (the “Terms of Service” or the “Agreement”), Ambit hereby grants you a limited, non-exclusive license to utilize the Ambit Services as set forth herein. The terms “beta-user,” “you” and “user” shall refer to all individuals and entities that access the beta-stage of the Ambit Services.
The beta-stage of the Ambit Services is only available for individuals aged 18 years or older. If you are not at least 18 years of age you are not permitted to use the Ambit Services and please do not register for or attempt to use the Ambit Services.
Beta Stage These Ambit Services are currently in the beta-stage of development. From time to time, the Ambit Services might be restricted or unavailable due to development cycles, bugs or technical problems. As a participant in the beta version of the Ambit Services, you are obtaining early access to these Ambit Services. We may ask you from time to time during the beta period for your input and feedback regarding the Ambit Services, or for other information relating to your experiences and practices relating to the Ambit Services. Any such input, feedback or information you provide will become the property of Ambit and you hereby assign all rights in such input, feedback and information to Ambit, and we may use that information for our business or other purposes, including continuing to improve the Ambit Services.
Registration and Password You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your login information or password. Ambit cannot and does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Ambit account or for any third party’s fraudulent use or misuse of information submitted by you. You represent that the information that you provide about yourself as requested in the Ambit account registration form (the “Registration Data”) is accurate and complete, and you agree to update your account information, as necessary, including providing Ambit with your current email
address, so that you may receive notifications and other account-related communications. You may be asked to record your voice during the registration process.
Confidentiality As a user of and participant in the beta-stage of Ambit Services, you will be presented with interactive features and functionality, services, information and materials of a confidential and/or proprietary nature concerning the Ambit Services (“Confidential Information”). Ambit’s Confidential Information includes the Ambit Services and your participation in these Ambit Services. By your acceptance of these Terms of Service, you agree to hold all Confidential Information in confidence and not to disclose such Confidential Information to any person or entity. You further agree to use Confidential Information only for the purposes for which it was disclosed to you (i.e., to use the Ambit Services, form the basis for providing your views and opinions to Ambit, and not to use Confidential Information for the benefit of yourself or any other person or entity other than Ambit).
Modifications to the Terms of Service We reserve the right to change these Terms of Service at any time. We will communicate any changes to beta-users by posting a notice that we have made changes on the Ambit Services or via email. Your continued use of the Ambit Services following such posting or email constitutes your acceptance of the amended Terms of Service.
Results from the Ambit Services We try to provide helpful and accurate information through the Ambit Services, but we make no representation, warranty or other commitment or guarantee of any kind about any information, services, results, analysis or characterizations made available through the Ambit Services. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Ambit Services. If you rely on any information provided by the Ambit Services, Ambit, Ambit employees, or others appearing on or contributing content to the Ambit Services, you do so solely at your own risk.
intercept or expropriate any system, data or information; (5) will not violate any third party’s rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your User Generated Content.
Ownership of the Ambit Services Except for the User Generated Content, the Ambit Services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Ambit or its licensors. You acknowledge that the Ambit Services and any underlying technology used in connection with the Ambit Services contain Ambit’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Ambit Services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Ambit Services not expressly granted to you by Ambit are retained by Ambit and its licensors. If you violate any of these Terms of Service, your permission to use the Ambit Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Ambit Services.
User Indemnification of Ambit Upon request by us, you agree to defend, indemnify and hold Ambit and its affiliates harmless from and against any and all losses, liabilities, damages and costs arising from any claims, actions or demands related to or alleged to relate to: (a) your use of the Ambit Services, including any data you provide to Ambit, any User Generated Content you post, store, reproduce, display, or distribute via the Ambit Services; (b) your violation of the Terms of Service; or (c) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Ambit Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any and all available defenses.
User Conduct If we determine that any user is not using the Ambit Services responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user’s transmissions, User Generated Content, or use of the Ambit Services. We also have the right (but not the obligation) to suspend or terminate your access to and use of the Ambit Services, or delete information you have posted to the Ambit Services, without prior notice if you engage in any conduct that we believe, in our sole discretion violates any provision of the Terms of Service or could cause Ambit liability. Without limiting the foregoing, upon any termination of your account or access to the Ambit Services we may delete all User Generated Content and other information related to your use of the Ambit Services.
Changes to Ambit Services Ambit may change or discontinue, temporarily or permanently, any feature or component of the Ambit Services at any time without further notice. You agree that Ambit shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Ambit Services.
CONTENT AND WARRANTY DISCLAIMER
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION IN ANY CONTENT PROVIDED THROUGH THE AMBIT SERVICES OR ANY THIRD PARTY SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE AMBIT SERVICES OR THIS SITE OR ANY THIRD PARTY SERVICES. THE AMBIT SERVICES AND ALL SERVICES TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SITE OR PROVIDED THROUGH THE AMBIT SERVICES OR THIRD PARTY SERVICES ARE PROVIDED “AS IS” “WHERE IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, AMBIT DOES NOT WARRANT THAT: (I) THE INFORMATION AVAILABLE ON THE SITE OR PROVIDED THROUGH THE AMBIT SERVICES OR THROUGH THIRD PARTY SERVICES IS FREE OF ERRORS; (II) THE FUNCTIONS OR SERVICES (INCLUDING, BUT NOT LIMITED TO, MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS SITE OR THROUGH THE AMBIT SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED, OR (IV) THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY IN NO EVENT WILL AMBIT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE AND THE AMBIT SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT AMBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE AGGREGATE LIABILITY OF AMBIT, ARISING FROM OR RELATING TO THE SITE AND THE AMBIT SERVICES (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY) IS LIMITED TO ONE HUNDRED DOLLARS ($100). AMBIT’S AFFILIATES, PROVIDERS AND PARTNERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE SITE AND THE AMBIT SERVICES.
General The Terms of Service and the resolution of any dispute related to the Terms of Service or the Ambit Services shall be governed by and construed in accordance with the laws of the State of California without respect to its conflict of laws principles. You shall bring any legal action or proceeding against Ambit related to the Ambit Services exclusively in a federal or state court of competent jurisdiction sitting in San Francisco California and you agree to submit to the personal and exclusive jurisdiction of such courts. If any provision(s) of the Terms of Service is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Ambit’s failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by Ambit in writing. These Terms of Service constitute the entire agreement between you and Ambit with
respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this Agreement to any other party and any attempt to do so is void.
Contact Us To contact us regarding the Terms of Service or operation of the Site or the Ambit Services, email: firstname.lastname@example.org.