This End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Phired Up Productions, LLC ("Phired Up"). This Agreement governs your use of any of the following technology services: ChapterBuilderTM, CampusDirectorTM, MyVoteTM, PNM CompanionTM (individually, including all related documentation, the "Technology"). The Technology is licensed, not sold, to you.
Subject to the terms of this Agreement, Phired Up grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Technology for your personal, non-commercial use on a personal device owned or otherwise controlled by you ("Device") strictly in accordance with the Technology's documentation
You acknowledge and agree that the Technology is provided under license, and not sold, to you. You do not acquire any ownership interest in the Technology under this Agreement, or any other rights thereto other than to use the Technology in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Phired Up reserves and shall retain its entire right, title, and interest in and to the Technology, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
You acknowledge that when you download, install, or use the Technology, Phired Up may use automatic means (including, for example, cookies and web beacons) to collect information about your Device and about your use of the Technology. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Technology or certain of its features or functionality, and the Technology may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Technology is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Technology, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
The Content and Services are based in the state of Indiana in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
Phired Up may from time to time in its sole discretion develop and provide Technology updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Phired Up has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either the Technology will automatically download and install all available Updates or you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Technology or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Technology and be subject to all terms and conditions of this Agreement.
The Technology may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Phired Up is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Phired Up does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials 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.
The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Phired Up as set forth in this Section 8. You may terminate this Agreement by deleting the Technology and all copies thereof from your Device. Phired Up may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination, all rights granted to you under this Agreement will also terminate; and you must cease all use of the Technology and delete all copies of the Technology from your Device and account. Termination will not limit any of Phired Up's rights or remedies at law or in equity.
THE TECHNOLOGY IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PHIRED UP, 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 TECHNOLOGY, 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, PHIRED UP PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE TECHNOLOGY WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, 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.
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.
You agree to indemnify, defend, and hold harmless Phired Up and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Technology or your breach of this Agreement, including but not limited to the content you submit or make available through this Technology.
The Technology may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Technology to, or make the Technology accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Technology available outside the US.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement is governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Technology shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana in each case located in Indianapolis and Marion County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TECHNOLOGY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This Agreement and our Privacy Policy constitute the entire agreement between you and Phired Up with respect to the Technology and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Technology.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Last Updated: March 12, 2024