Mind the Canary LLC - Terms of Service

Last Updated: May 21, 2024

Welcome to Mind the Canary LLC ("Mind the Canary", "we", "us", or "our")!

These Terms of Service ("Terms") govern your access to and use of our website ([website address]), any associated mobile applications (collectively, the "Services"), and any services provided by Mind the Canary LLC.

By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you are not permitted to access or use the Services.

1. Use of Services

1.1 You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and of legal capacity to enter into a binding agreement.

1.2 The Services are for your informational and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products, or services obtained from or through the Services.

1.3 You are solely responsible for your conduct while using the Services. You agree to comply with all applicable laws and regulations in connection with your use of the Services.

1.4 You will not use the Services for any illegal or unauthorized purpose, including but not limited to:

  • Violating any applicable laws or regulations.

  • Infringing on the intellectual property rights of others.

  • Transmitting any harmful, harassing, obscene, or defamatory content.

  • Interfering with the normal operation of the Services.

  • Disrupting servers or networks connected to the Services.

2. Intellectual Property

2.1 The Services and all content included therein, including but not limited to text, graphics, logos, images, audio clips, video clips, software, and data (collectively, the "Content") are the property of Mind the Canary LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws.

2.2 You are granted a non-exclusive, non-transferable license to access and use the Services in accordance with these Terms. You may not use the Content for any commercial purpose without the express written consent of Mind the Canary LLC.

3. Disclaimer

3.1 THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING.

3.2 MIND THE CANARY LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. MIND THE CANARY LLC DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

3.3 YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.

4. Limitation of Liability

4.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIND THE CANARY LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF MIND THE CANARY LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.2 THIS LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

5. Indemnification

You agree to indemnify, defend, and hold harmless Mind the Canary LLC, its officers, directors, employees, agents, and licensors from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or relating to your use of the Services.

6. Termination

We may terminate your access to and use of the Services at any time, for any reason, or no reason at all, without notice to you. You may terminate your use of the Services at any time.

7. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of law principles.

8. Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Philadelphia, PA, and the decision of the arbitrator shall be final and binding on the parties.

9. Entire Agreement

These Terms constitute the entire agreement between you and Mind the Canary LLC with respect to your use of the Services.

10. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

11. Amendments

We may amend these Terms at any time by posting the amended terms on the Services. You are responsible for checking these Terms periodically for any changes. Your continued use of the Services following the posting of amended Terms constitutes your acceptance of the amended Terms.

12. No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13. Contact Us

If you have any questions about these Terms, please contact us.

By using the Services, you agree to be bound by these Terms.