1. Introduction Please review the following terms and conditions ("Terms of Use") that govern your use of our services. Should you acquire a TopicalApps production option, you may choose to negotiate your own terms as part of your agreement with us. Until then, your use of our services constitutes your agreement to follow and be bound by the Terms of Use. 2. References Binding Curve LLC owns and operates TopicalApps. Binding Curve LLC is registered in the state of Minnesota, USA. References to “we”, ”us”, and “our” in this Privacy Policy mean Binding Curve LLC. References to “you” or “your” mean any person who uses our services or the organizations they act on the behalf of. The Terms of Use applies to all the products, services, websites, and apps we offer through TopicalApps. We refer to those products, services, websites, and apps collectively in this document as “services”. References to “content” in this document means the data you use our services to collect, store, and share. 3. Use of Services Designs and Associated Materials The design of our services and all materials that make up our services are copyrights, trademarks, or other intellectual properties owned, controlled, or licensed by Binding Curve, LLC or its affiliates. Any use of the designs or materials that make up our services without our express written consent is strictly prohibited.   4. Limits of Content Contents you submit through our services must not violate any right of any third party, and must not contain any libelous, abusive, obscene, or otherwise unlawful material. 5. Comments and Feedback We welcome your comments and feedback about our services. We do not, however, accept confidential or proprietary input. Accordingly, all comments, feedback, ideas, suggestions, materials, and other submissions disclosed, submitted, or offered to us are not confidential and will become and remain our property. Your submission or disclosure of comments or feedback about our services will constitute an assignment to us of all worldwide rights, title, interests, and goodwill without payment of compensation. 6. Disclaimer, Limitation of Liability and Indemnity EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, OUR SERVICES AND ALL CONTENTS ARE PROVIDED ON AN "AS IS" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SEVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH WE ENDEAVOR TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION MADE AVAILABLE THROUGH OUR SERVICES. YOUR USE OF OUR SERVICES IS AT YOUR OWN RISK. NEITHER WE NOR OUR VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE OUR SERVICES, OR ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OUR SERVICES. WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH OUR SERVICES, ANY CONTENT, OR ANY MATERIALS RELATED TO THEM, OR WITH ANY OF OUR TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICES. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS, BINDING CURVE LLC AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS, AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS, OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS IN JURISDICTIONS WHERE PROHIBITED BY LAW. 7. Disputes Our Support Specialists are ready to assist you and address your concerns. Please send us an email: support@topicalapps.com If we are unable to resolve your concern, by using our services you unconditionally agree that all claims relating to your access or use of our services, including all disputes arising out of, or related to, any content you acquired through our services, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would. To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to legal@bindingcurve.com. You agree that the arbitration will be conducted by either the American Arbitration Association ("AAA"), or the Judicial Arbitration and Mediation Services ("JAMS"). You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's or JAMS' applicable rules. We will reimburse those fees for claims totaling less than $10,000. Likewise, we will not seek attorneys' fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative, or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. 8. Applicable Law The law applicable to the interpretation and construction of these Terms of Use and any transaction using or related to our services, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of Minnesota, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of our services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Minnesota. 9. Links to Other Websites and Services Our services may include links to other Internet sites maintained by third parties ("Linked Sites"). We provide Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply our endorsement of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave our services. Linked Sites are not under our control and we are not responsible for the contents of any Linked Site. 10. Attempts to Damage or Restrict Our Services You may not attempt to damage our ability to provide services or restrict the access of others to use our services in any way. 11. Use of our Support We seek to make your experience with our services friendly and useful. We offer our support for reasonable requests. At our sole discretion, we may choose not to answer inappropriate or abusive requests, or deny access to our services. 12. Denial of Access These Terms of Use constitute an agreement that is effective unless and until we terminate it. If in our sole discretion you fail to comply with any term or provision of this agreement, we may deny you access to our services. In the event that we deny you access, you are no longer authorized to access our services, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and Binding Curve LLC relating to the subject matter addressed herein. 13. Service Policies, Modification, and Severability Please review the other policies we have are posted on our services. These policies also govern your use of our services. We reserve the right to make changes to our services, policies, and these Terms of Use at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.