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.
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.
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.
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 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.
- 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
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.
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.