TERMS OF USE

 

This Terms of Use agreement (the "Agreement") describes the terms and conditions applicable to your use of The App Right Now which is identified by the uniform resource locator www.rightnow-theapp.com (the "Site"). This Agreement is entered into between you as the user of the App (the "User") and The App Right Now.

The App Right Now makes available a variety of products and services through this web site, any and all use of this website and/or use of features, products and services of this site is subject to these Terms of Use.

The Function of the App and Site
Through The App Right Now it provides an electronic mobile-based platform for exchanging information between buyers and sellers of goods and services. The App Right Now the app, or the website www.rightnow-theapp.com, acts as a venue for users to locate people to trade with and to negotiate the quality of goods and services. Yet, The App Right Now is not certainly involved in the actual transaction between trading parties.

The App Right Now does not represent the seller or the buyer in any transactions and does not charge any commissions from the parties of transactions. As a result, The App Right Now has no control over and is not responsible for the quality, safety, availability or legality of the provider's items in trades, the truth or accuracy of the items and their information, the ability of traders to fulfill their obligation in any trade agreement. Users are solely responsible for all of the transactions conducted on, through or as a result of use of the App and the website, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, licenses, fines, handling, transportation and storage.

User, hereby, agrees and acknowledges that there may be risks of dealing with people acting under false pretenses. Because the user verification on the Internet is difficult, The App Right Now cannot and does not confirm each User's registered personal or company information, including, everything. The App Right Now encourages you (user), by using your experience and common sense, to evaluate with whom you are dealing.

Because The App Right Now is not involved in the actual transaction between buyers and sellers, in the event that any user has a dispute with any party to a transaction, the User releases and agrees to indemnify The App Right Now from all claims, costs, expenses, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed, arising out of or in any way connected with such disputes.

Third Parties and Content
User acknowledges and agrees that some of the content like data, files, texts, graphics, photos, videos, logos, banners, advertising materials or other content materials, displayed on the app is provided or posted by third parties or other Users. Any content provided or posted by third parties or other Users, whether publicly posted or privately transmitted, is the sole responsibility of the party or the person from which such content originated. In other words, User, and not The App Right Now, is entirely responsible for all content that he/she uploads, posts, emails or otherwise transmits via the features and services provided by The App Right Now.

The App Right Now does not control the user or third-party content posted via the products and services. As such The App Right Now is not responsible for and does not guarantee the accuracy, integrity, quality, propriety, or lawfulness of any third party or User content, and shall not be liable to any User in connection with such User's reliance of such third-party content. In addition, The App Right Now is not responsible for the conduct of any User's activities on the App and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct. As a general condition, although The App Right Now reserves the right to do so, The App Right Now does not pre-screen user or third-party content posted on the App. The App Right Now does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. The App Right Now reserves the right to monitor some, all, or no areas of the features, products and services for adherence to these Terms of Use.

The App may contain hyperlinks in the form of word link, banners or otherwise, to other websites that are controlled by parties other than The App Right Now. Users must be aware that The App Right Now is not responsible for any use of such other websites, even when said website is accessed through a link from The App Right Now. The App Right Now does not control these websites, does not monitor such sites and bears no responsibility or liability for, nor should The App Right Now be deemed in any way to endorse or approve of, the contents, products, services and information on the linked website. The App Right Now encourages you to read such sites' Terms of Use and Privacy Policies before using such sites.

Users must be aware that messages or information sent by other Users through communication systems provided by the App or through emails and fax or letters to addresses obtained from the App is out of The App Right Now's control and monitoring ability and so User acknowledges that The App Right Now cannot be held responsible or liable for the content of these messages and information. The message sender shall be responsible for the content of all the messages communicated, as well as the consequences of any such message.

Users acknowledge and agree that by using the features, products and services provided in the App, a user may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will The App Right Now be liable in any way for any user or third-party content, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed or otherwise transmitted via the features, products and services provided by the App.

Registration and Membership
Certain of the products and services will require the user to register. A User must fill out some online registration forms to become a "Member" of The App Right Now. These forms contain information about the member and its company such as name, address, contact information, details of you, etc. As registering for the App, you (User) agree that; you have provided true, accurate, valid and complete information about yourself or company you represent and you also agree that you will promptly update the member information to keep it true, accurate, valid, and complete when changes occur. Users may edit, update or alter their personally identifiable information at any time by using the tools provided by the App.

If the User provides or attempts to give any information, that is untrue, inaccurate, invalid, or incomplete, The App Right Now has the rights and authorities to suspend or terminate User's registration and refuse any or all use of The App Right Now and its features, products and services. If you have registered for The App Right Now on behalf of a business entity or a company, you represent and warrant that you have the authority to bind such entity or company to the Terms of Use and the address you use is the principal place of business of such business entity.
All information given through registrations becomes the exclusive property of The App Right Now and its subsidiaries.
By becoming a Member, you consent to the inclusion of your personal data in The App Right Now's database and authorize The App Right Now to share such information with other Users and Members. The App Right Now reserves the right to use and reuse all registration and other personally identifiable user information.

User hereby accepts the Privacy Policy and any updates and amendments thereto. Each User acknowledges that The App Right Now may change the Privacy Policy, without prior notice, by posting the updated version on this App. Your continuation of use of the App shall be deemed to be your acceptance of the Privacy Policy and its amendments. Members may be allotted some telecommunication means including but not limited to email account, audio or visual meeting facilities, making inquiries, etc. The member shall not use these facilities for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, abusive, threatening, harmful, vulgar, indecent, obscene or otherwise objectionable material of any kind. User acknowledges that The App Right Now may and has the authority to refuse registration and deny the issuance of Member ID and Password to any User for whatever reason.

Rules of Conduct
By using The App Right Now, User hereby warrants and agrees to provide The App Right Now with true, accurate, current and complete information to be displayed on this Site and maintain and promptly amend all information to keep it true, accurate, current and complete.

User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub-licensable license to The App Right Now, to display, use and reuse all information provided by such User in accordance with the purposes set forth in these Terms of Use and to exercise the copyright, publicity, and database rights the User has in such material or information, in any media known.

User hereby represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the App or provides to The App Right Now or authorizes The App Right Now to display, or the products represented thereby, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party, or is posted with the permission of the owners of such rights.

Any of the following is automatically considered a material breach of these Terms of Use and forfeiture of any or partial access to the App and/or its products and services:

- Using the App in violation of local, national, or international laws;
- Violating any ordinance or regulation including without limitation, those governing export control, consumer protection, unfair competition or false advertising
- Posting, uploading, emailing or transmitting any trade leads, information, data, text, files, links, chat, communication, or any other materials or any content that are unlawful, harmful, illegal, threatening, abusive, intruding another's privacy, slanderous, vulgar, racist, embarrassing or otherwise objectionable to any other person or entity as determined by The App Right Now in its sole discretion
- Collecting or storing personally identifying information about other users for unlawful or unauthorized purposes
- Being obscene or containing any pornography or sex-related merchandising or any other content or otherwise promoting sexually explicit materials
- Being harmful to minors
- Impersonating any person or providing false information on your registration form
- Posting or transmitting any unsanctioned advertising, promotional materials, including junk mail, spam, chain letters or any unsolicited mass distribution of email
- Posting or transmitting any data or material which contains computer viruses, corrupted files or any other similar destructive software and codes that may damage or have the effect of interfering with or intercepting any software or hardware system, data or personal information
- Posting material that infringes on the intellectual property rights, copyright, patent, trademarks, trade secret or other rights of others
- Acting in any other manner, which in The App Right Now, in its sole discretion finds unacceptable

User acknowledges and agrees that The App Right Now shall have the right (but not the obligation), in its sole discretion, to refuse to publish, remove, or block access to any content that is available via the features, products and services provided by this App, at any time, for any reason, or for no reason at all, with or without notice. The App Right Now may also terminate access to, or membership in The App Right Now, or any portion thereof, for violating these Terms of Use. You acknowledge and agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by or obtained through the use of this App’s features, products and services.

User acknowledges and agrees that The App Right Now may preserve the content and may also disclose it if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce the Terms of Use, to respond to claims that any content violates the rights of third-parties; or for the protection of the rights, property, or personal safety of The App Right Now, its users and the public. User acknowledges and agrees that the technical processing and transmission of User's content may involve transmissions over various networks and/or may involve changes to conform and adapt to technical requirements of such networks or devices.

The App Right Now reserves the right to cooperate fully with governmental authorities and/or injured third parties in the investigation of any suspected criminal or wrongdoing. Further, The App Right Now may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a legal action, and The App Right Now shall not be liable for damages or results thereof and User agrees not to bring any action or claim against The App Right Now for such disclosure.

Disclaimer of Warranties & Limit of Liability
The App Right Now makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on this App. Information on this App may contain inaccuracies or typographical errors. Information may be changed or updated without notice.

User expressly understands and agrees that the use of the features and services of this web site is at User's own risk. The App Right Now cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. Also, any material or information downloaded or otherwise obtained through the App is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material.

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

The App Right Now makes no warranty that (a) the features, products and services provided by the App will meet User's requirements, (b) The service will be uninterrupted, timely, secure, or error-free, (c) The results that may be obtained from the use of the services will be accurate or reliable, (d) The quality of any products, services, information, or other material purchased or obtained by User through the features and services of this App will meet User's expectations.

User expressly understands and agrees that The App Right Now shall not be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages or any damages whatsoever, resulting from; (a) the use or the inability to use the App (b) any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the App (c) Unauthorized access to or alteration of any User's transmissions, data or private information by third parties (d) statements or conduct of any User of the App (e) any material, data or information posted by third parties.

Further, The App Right Now makes no representations whatsoever about other web sites which you may access through this one. When a User accesses a web site other than The App Right Now, User acknowledges and understands that it is independent from The App Right Now, The App Right Now has no control over the content on that web site, and that a link to other web site does not mean that The App Right Now endorses or accepts any responsibility for the content, use, or products and services made available through such App.



IN NO EVENT WILL The App Right Now BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS APP, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE.

INFORMATION, FEATURES, PRODUCTS AND SERVICES ON The App Right Now SITE (www.rightnow-theapp.com) IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.

The App Right Now shall not be liable to the User for delays or failures in performance or disruption of the content, features or services of the App resulting directly or indirectly from Acts of God, forces or causes beyond its reasonable control, including but not limited to, internet failures, telecommunications or any other equipment failures, electrical power failures, labor disputes, riots, disturbances, fires, flood, storms, explosions, acts of war, governmental actions, orders of domestic or international courts.

General Conditions
User agrees to indemnify and hold The App Right Now and its affiliates, executives, directors and employees, harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by a third party due to or arising out of User's breach of these Terms of Use or the documents it incorporates by reference, or User's violation of any law or the rights of a third party.

The Terms of Use contained within this Agreement constitute the entire agreement and understanding between The App Right Now and the User, superseding any previous understanding(s) between The App Right Now and the User. Furthermore, User agrees that they have not relied upon any representations or warranties that are not set forth expressly in these Terms of Use.

Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such part or section the Agreement.

Governing Laws
This Terms of Use Agreement and your use of the website shall be governed and construed by the laws of Mexico. Each party irrevocably agrees to be bound by any judgment rendered thereby in connection with this Terms of Use Agreement.