Terms of Use

CheerWell Terms of Use

Please read these terms of use carefully before using the services offered by CheerWell, LLC (hereinafter referred to as “CheerWell” or “We”), a Massachusetts limited liability company. These terms of use set forth the legally binding terms and conditions for Your (hereinafter defined) use of the website at http://www.cheerwell.com (the “Site”), the iPhone/mobile application “Cheerster” (the “App”) and any other services, features, content, applications or widgets offered by CheerWell (collectively with the Site and the App, the “Service”).


By registering for and/or using the Service in any manner, including but not limited to purchasing and launching the App or visiting or browsing the Site, you agree to all of the terms and conditions contained herein (collectively, the “Terms of Use” or “Terms”), which also incorporate all other operating rules, policies and procedures that may be published from time to time on the Site by CheerWell, each of which is incorporated herein by reference and each of which may be updated by CheerWell from time to time without notice to you in accordance with the terms set out below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by CheerWell from time to time; Your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, venues that access the Service, and users that have submitted content to the Service.


The Terms of Use and Service are between the user (meaning you, a person or an entity, and the end user of the Service, also referred to as “You” or “Your”) and CheerWell.  This agreement does not and is not intended to confer any rights or remedies upon any person or entity other than You and CheerWell, except that it is expressly agreed that Apple, Inc. and its subsidiaries (“Apple”) are intended third party beneficiaries of the Terms of Use or the Service.  


The Service is intended for adults. Any use of the Service by someone under the age of thirteen (13) is in violation of the Terms of Use. If You are under the age of eighteen (18), You must ask a parent or legal guardian for permission to access the Service and Your parent or legal guardian must accept the Terms of Use on Your behalf.  


You acknowledge that by Your acceptance of the terms and conditions of the Terms of Use and Service, Apple and/or We will have the right (and will be deemed to have accepted the right) to enforce the  Terms of Use and Service against You as a third party beneficiary thereof.

The Site is the property of www.cheerwell.com.

If you do not agree to these terms, please do not use this App, the Site or our Service.


1.You Are Responsible For Any Consequences Of Violating These Terms


You agree that you are solely responsible for any breach of Your obligations under these Terms and for the consequences (including any loss or damage which CheerWell may suffer) of any such breach.


The failure of CheerWell to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.


2.We May Modify These Terms Without Explicit Notice


These Terms of Use apply to all current features and to new features that are added to the existing Service.

CheerWell reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is Your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as You comply with these Terms of Use, CheerWell grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

You can review our current Terms of Use at any time at www.cheerster.com/terms.


These Terms of Use constitute the entire agreement between You and CheerWell and govern Your use of the Service, superseding any prior agreements between You and CheerWell (including, but not limited to, any prior versions of the Terms of Use).


3.Your Use Of The Site


You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content (hereinafter defined in Section 4), or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. 


You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any CheerWell server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.


You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of CheerWell, including any CheerWell account not owned by You, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Site.


You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or CheerWell’s systems or networks, or any systems or networks connected to the Site or to CheerWell.


You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.


You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to CheerWell on or through the Site or any service offered on or through the Site. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.


You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of CheerWell or others.


CheerWell reserves the right to add or delete services and to impose fees for the use of the Service.


DO NOT USE THIS SERVICE WHEN YOU ARE DISTRACTED.


4.Content


For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, comments, information, user interfaces, data, audio, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by CheerWell on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by users, including, without limitation, all “Cheers” or  “Cheerogram” is collectively referred to as, “User Generated Content” or “Your Content”, as applicable.


All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Because Cheerster relies on User Generated Content, Third Party Content and links to Third Party Content, CheerWell makes no claim of accuracy or legality of any User Generated Content or Third Party Content. Any use or reliance on any Content or materials posted via the Services or obtained by You through the Services is at Your own risk and You will be solely responsible and liable for any damage or loss to You or any other party resulting therefrom. User Content and Third Party Content do not represent the advice, views, opinions or beliefs of CheerWell.


The Services may contain links to third-party websites or resources that are not owned or controlled by CheerWell. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of such websites or resources. Links to such websites or resources do not imply any review by, approval of, endorsement by or affiliation with CheerWell. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.


5.You May Encounter Inappropriate Content


By accessing the Service or following links to third-party websites You may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. While CheerWell  does not endorse and reserves the right to remove such Content, You acknowledge and agree that CheerWell  cannot be responsible for such Content and that You nonetheless may be exposed to such materials.


6.Content May Be Protected By Copyright Laws


Content presented to You as part of the Service may be protected by intellectual property rights which are owned by the person providing that content to  the Service(or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless You have been specifically told that You may do so by CheerWell  or by the owners of that content, in a separate written agreement.


7.Content May Be Stored Or Transmitted By Third Party Vendors


CheerWell uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.


The technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.


8.You Are Responsible For Your Mobile Carrier's Fees


The Cheerster App is available via Your mobile phone. You are responsible for any fees charged by Your mobile carrier for using Mobile Services, including but not limited to SMS messages sent to and received from Cheerster.


Cheerster does not ask You for, nor solicit, any of Your personal information.




9.You Are Responsible For Whatever You Post And May Not Be Able To Take It Back


You are responsible for Your use of the Services, for any content You post to the Services, and for any consequences thereof. The Content You submit, post, or display will be able to be viewed, accessed,  used, listened to, downloaded, redistributed or reproduced by other users of the Services and through third party services and websites. You should only provide Content that You are comfortable sharing with others under these Terms.


You are responsible for any claims arising out of the Content You submit and Your use of the Services, including but not limited to libel, slander, emotional distress, and disclosures prohibited by law or contract.


By submitting or posting Content to the Service, while You retain intellectual property rights to Your Content, You understand that You may not be able to remove or edit Your content within the Service. While we will make a reasonable effort to enable You to edit or remove content, the public, indexed nature of  the Service makes it impossible to guarantee that content can be removed or changed entirely.


10.Only Contribute Content That Is Yours


All content posted on the Service must comply with U.S. copyright law. You represent and warrant that (i) You own or otherwise possess all rights to use Your User Submissions; (ii) You have the permission to use the name and likeness of each identifiable individual person and to use such individual's identifying or personal information; (iii) You are authorized to grant all of the rights described in the Cheerster Terms of Service; and (iv) the use of Your User Submissions as contemplated by this Agreement will not infringe or violate any intellectual property, privacy, publicity, contract or other rights of any person or entity.


If You do not have the right to submit Content for such use, it may subject You to liability. CheerWell  will not be responsible or liable for any use of Your Content by Cheerster in accordance with these Terms. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any Content that You submit.


You acknowledge that, in the event of any third party, intellectual property infringement claims against You or Your Content, that You, not CheerWell or Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

11.Your Content Always Belongs To You


We claim no intellectual property rights over the material You provide to Cheerster Service. You retain copyright and any other rights You already hold in any Content which You submit, post or display on or through the Service. Content You contribute to Cheerster remains Yours.


12.By Contributing It, You Grant The Site Rights To Display And Use It


By submitting, posting or displaying Content on or through the Services, You grant CheerWell  a worldwide, non-exclusive, perpetual, irrevocable, fully paid, royalty-free license (with the right to sublicense and transfer) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute and, create derivative works based on, such Content in any and all media or distribution methods (now known or later developed) in connection with the Cheerster Service or promotional materials.


13.Your Content May Be Modified For Technical Reasons


We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.


14.Removal Of Content or Termination of Service


We reserve the right to remove content.

CheerWell, in its sole discretion, has the right to remove content at any time, without notice and without liability, for any reason, including but not limited to violation of any Terms of Use or infringing on Intellectual Property.


We reserve the right to monitor and review Your Content and Your activity for compliance with these Terms of Use. We may remove any Content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property rights.


We reserve the right to permanently or temporarily terminate, suspend or otherwise refuse to permit Your access to the Service at any time, without notice and without liability, for any reason, including but not limited to violation of any Terms of Use.


15.You May Delete The App Or Cease Using The Service, But Contributed Content May Remain


Access to Your content is not guaranteed.

Upon removal of Your Content You retain ownership of Your Content You’ve contributed or created, but access to Your Content within Cheerster may be restricted. We have no obligation to retain or provide You with copies of Your Content. You are responsible for backing up and archiving Your content.


16.Copyright Notification Process


We care about legitimate copyright infringement.

It is CheerWell’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.


To file a claim of infringement, please use the format suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office website http://www.copyright.gov) to send a notice -- including (1) the location of the copyrighted work described in sufficient detail so that we may find it on the Service, (2) a link to the original location of the content in question, (3) adequate contact information for us to contact You promptly (phone number and email address is preferred), (4) the statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,” and (5) a digital or physical signature -- to the following address:


CheerWell, LLC
Attn: Copyright Infringement
30 Firebrick Road, Suite 204
Sharon, MA 02067
Email: admin@cheerster.com


Be aware that if You materially misrepresent that a product or activity is infringing Your copyrights, You may be liable for any damages (including costs and attorneys’ fees). If You are not sure whether material available online infringes Your copyright, we suggest that You first contact an attorney.


17. Legal Compliance


Do not use the Service for any illegal purposes.

You agree that you will not, and will not assist or enable others to:

• Use the Service to submit or transmit any content that is defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate pursuant to applicable law or as determined by CheerWell, LLC in its sole discretion;

• Use the Service to solicit personal information from minors or to harm or threaten to cause harm to minors;

• Use the Service to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the Service;

• Use the Service to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

• Use the Service in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;

• Use the Service for keyword spamming or to otherwise attempt to manipulate natural search results;

• Use the Service to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

• Use the Service for any illegal or unauthorized purpose (international users agree to comply with laws in their jurisdiction regarding online conduct and acceptable content);

• Use the Service in violation of the Terms of Use.


Do not violate the Service or its security.

You agree that you will not, and will not assist or enable others to:


• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Service Content (other than Your Content), except as expressly authorized by CheerWell, LLC;

• Decipher, decompile, disassemble, reverse engineer or otherwise attempts to derive any source code or underlying ideas or algorithms of any part of Cheerster;

• Transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);

• Remove or modify any copyright, trademark or other proprietary rights notice on the Service or on any materials printed or copied off of the Service;

• Record, process, or mine information about other users;

• Use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Service or any Service Content except as permitted by robots.txt;

• Modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service;

• Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on CheerWell, LLC’s technology infrastructure;

• Access (or attempt to access) any of the Service through any automated means (including use of scripts or web crawlers);

• Engage in any activity that interferes with or disrupts the Service;

• Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;

• Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;

• Use the Service to violate the security of any computer network, crack passwords or security encryption codes;

• Access, tamper with, or use non-public areas of the Services, CheerWell, LLC’s computer systems, or the technical delivery systems of CheerWell, LLC’s providers;

• Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

• Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Service Content or features that enforce limitations on the use of the Service.


You 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.

You may not use or otherwise export or re-export the Licensed Application (the Service that is subject to this license is referred to in this license as the “Licensed Application”) except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into 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 using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent 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. Unpublished-rights reserved under the copyright laws of the United States.

18.CheerWell LLC’s Proprietary Rights


Unless agreed to in writing by CheerWell, LLC, nothing in the Terms gives You a right to use any of CheerWell, LLC’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.


The look and feel of Cheerster is copyrighted by CheerWell, LLC. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from CheerWell LLC.


CheerWell, LLC’s rights apply to the Cheerster APIs and all output and executables of the Cheerster APIs, excluding any software components developed by You which do not themselves incorporate the Cheerster APIs or any output or executables of the Cheerster APIs. CheerWell LLC owns all rights, title, and interest in and to the Cheerster APIs.


You acknowledge and agree that CheerWell, LLC (or CheerWell, LLC licensors and their suppliers, as applicable) own all legal right, title, and interest in and to the Service and Content, including any intellectual property rights that exist in the Service and the Content (whether or not those rights are registered) wherever in the world those rights may exist.


Cheerster is a trademark of CheerWell, LLC.

The “racing shirt with bib” logo and the “racing crowd” logo are  trademarks of CheerWell, LLC.


19.Feedback


Feedback is welcome, but we cannot offer other recourse.

If You are dissatisfied with the App or Service, please provide feedback through the provided feedback mechanisms. Your only other remedy with respect to any dissatisfaction with (i) the Service, (ii) the Terms of Use, (iii) any policy or practice of CheerWell, LLC in operating the Service, or (iv) any content or information transmitted through the Service, is to terminate the Terms of Use by deleting the App and ceasing all use of the Service and the Site.


22.Advertisements


We may display targeted advertising on our Site.

Some of the CheerWell, LLC Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to Cheerster Content, User Generated Content, queries, or other information. The manner, mode, and extent of advertising by or permitted by CheerWell, LLC on the Site and mobile apps are subject to change without specific notice to You. In consideration for CheerWell, LLC granting You access to and use of the Site, mobile apps, and Services, You agree that CheerWell, LLC may place such advertising on the Site, mobile apps, and APIs.


21.Disclaimer Of Any Warranty


We can change or discontinue the Service at any time.

CheerWell reserves the right to modify, update, place limits on, charge for or discontinue the Service or aspects of the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.

We make no promises.

You expressly understand and agree that Your use of the Service is at Your sole risk and that the Service is provided “AS IS” and “AS AVAILABLE.” CheerWell  does not represent or warrant to You that:


• Your use of the App or Service will meet Your requirements or needs;

• Your use of the Service will be uninterrupted, timely, secure or free from error;

• Any information obtained by You as a result of Your use of the Service will be accurate or reliable, including but not limited to business information and rankings;

• That defects in the operation or functionality of any software provided to You as part of the Service will be corrected;

• Any content or software available at or through Cheerster is free of viruses or other harmful components;

• Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or other device or loss of data that results from the download of any such material.


No advice or information, whether oral or written, obtained by You from Cheerster or through or from the Service shall create any warranty not expressly stated in the terms.


CheerWell  further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.


The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.


You also acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Additionally, You acknowledge that Apple is not responsible for any Service claims arising under the Uniform Commercial Code, Article 2.


22.Limitation Of Liability


NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall CheerWell’s total liability to You for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

23.Indemnity

You agree to indemnify and hold CheerWell, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against CheerWell by any third party due to or arising out of or in connection with Your use of the Site.


24.Controlling Law And Jurisdiction


These Terms and any action related thereto will be governed by the laws of the Commonwealth  of Massachusetts without regard to or application of its conflict of law provisions or Your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the State and Federal Courts sitting in Boston, MA, and You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.




For More Information

If You have any questions regarding our Terms of Use, please contact us by sending an email to team admin@cheerster.com.

© 2012 CheerWell, LLC