HOVERBOARD APPLIED TECHNOLOGIES, LLC, d/b/a MORTY
These Terms do not apply to any other web page or mobile application operated and/or owned by anyone other than Morty and its affiliates, including, but not limited to, any website, mobile application, social media site, or other material. When visiting these third party websites and other properties, you should refer to the terms and conditions in effect for that website or property.
These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing or using the Web Properties, you are entering into a legal contract with us regarding your use of the Web Properties. You agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Properties.
1. Convenience and Information Only. Morty, and the Web Properties it provides, are designed to allow users to research, review, and reserve Escape Rooms throughout the United States. Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Web Properties for your non-commercial use. The Web Properties are provided to you as a convenience and for your information only. By merely providing you access to and use of the Web Properties, we do not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Web Properties (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes made by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to comments or questions asked through the Web Properties is or will be accurate or complete.
2. Web Properties Use and Content.
(a) Use of the Web Properties. The ownership of the Web Properties, Content, and all rights therein are and will remain with Morty. You may view, copy or print a single copy of any page from the Web Properties for non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other Content from the Web Properties without our express, prior written consent. Any special rules for any software, downloads, and other items accessible through the Web Properties may be included elsewhere in the Web Properties and are incorporated into these Terms by reference.
(b) Restrictions on Use. You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Web Properties; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Web Properties, or any aspect of them, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Web Properties, or disassemble the Web Properties, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Web Properties, except as may be permitted by applicable law; (iv) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Web Properties, or unduly burdening or hindering the operation and/or functionality of any aspect of the Web Properties; (v) attempt to gain unauthorized access to or impair any aspect of the Web Properties, or the related systems, servers, or networks; (vi) use the Web Properties for resale, time-sharing or other similar purposes; (vii) use the Web Properties to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (viii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (ix) use any portion of the Web Properties or any Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity.
3. Updates. We may make changes to the Web Properties, the Content or these Terms or stop providing any of the Web Properties and/or the Content at any time and without further notice to you. We will make an effort to update the Web Properties with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Web Properties after such posting constitutes your consent to be bound by the Terms, as amended.
4. Privacy and Electronic Communication. We know that privacy is important to you, and it is important to us as well. Personal data that you provide will be handled in accordance with our Privacy Notice located at https://mortyapp.com/privacy-policy. By using the Web Properties, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We will communicate with you by email or by posting notices on our Web Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
5. User Account and Security. To access certain features of the Web Properties, we may require that you sign up using online or social media account information (such as Facebook or Google), and/or your email address and a password to create a user account (“User Account”). We use reasonable precautions to protect the privacy of your username, password, and User Account information. However, you are ultimately responsible for protecting your username, password, and User Account information from disclosure to third-parties, and you are not permitted to circumvent the use of required encryption technologies, if any. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. You agree to provide current, complete and accurate purchase and account information for all purchases made using our Web Properties. You agree to promptly update your User Account and other information, including your email address, phone number, and credit card numbers and expiration dates, so that we, and our third party service providers, can complete your transactions and contact you as needed. You agree that you are solely responsible for activity that occurs under your User Account. We are entitled to act on all instructions received by anyone using your User Account, and we reserve the right to pursue any and all claims against any user of your User Account.
6. Objectionable Material. You acknowledge that, in using the Web Properties and accessing the Content and User Content (as defined herein), you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Web Properties at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.
7. Not Intended for Children and Other Age Requirements. The Web Properties are not intended or designed to attract children under the age of thirteen (13). You affirm that you are at least eighteen (18) years of age, or are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
(a) No Warranties for Web Properties. When using the Web Properties, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, Content, User Content, or any other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES, THE CONTENT AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, THE CONTENT, THE USER CONTENT OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES.
(b) Indemnification. You agree to defend, indemnify, and hold harmless Morty and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) asserted, assessed, or incurred by us or any third party, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; (iv) your violation of any law or the rights of a third party; (v) any dispute or issue between you and any third party; (vi) any User Content you upload to, or otherwise make available through, the Web Properties; (vii) your willful misconduct; and (viii) any other party’s access to and/or use of the Web Properties using your User Account and password. Morty reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.
(c) Escape Room Information and Restrictions. Morty is a third party reservation service through which you, and other users, may reserve sessions at Escape Rooms. The Content on the Web Properties may contain information respecting various Escape Rooms, including, without limitation, themes, photos, time to completion, pricing, scheduling and availability, materials, and difficulty level (“Escape Room Information”). We do not guarantee the accuracy of any Escape Room Information listed on the Web Properties or otherwise presented by Morty, which may or may not be provided directly by the Escape Room vendor (“Escape Room Vendor”). Morty will not be responsible for any loss or damage resulting from your reliance on Escape Room Information, nor for ensuring that your experience conforms to the Escape Room Information.
(d) Verify Data. You are responsible for verifying the accuracy of data that you transmit using the Web Properties, and we will have no obligation to verify the accuracy of that data. While we reserve the right to review any and all content you submit, including User Content and Escape Room Information made available through the Web Properties, you will remain responsible for such content. Your use of the Web Properties is subject to the additional disclaimers and caveats that may appear throughout the Web Properties.
9. Limitation of Liability. IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEB PROPERTIES, THE CONTENT, THE ESCAPE ROOM INFORMATION AND/OR THE USER CONTENT PROVIDED IN CONNECTION WITH THE WEB PROPERTIES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB PROPERTIES, THE CONTENT AND/OR THE USER CONTENT PROVIDED ON OR THROUGH THE WEB PROPERTIES. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USE THE WEB PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES, THE CONTENT AND/OR ANY USER CONTENT. WE ARE NOT RESPONSIBLE FOR (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT OR USER CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT OR USER CONTENT; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU RECEIVE USING THE WEB PROPERTIES AND THE CONTENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.
10. Payment And Reservations.
(a) General. Users who wish to reserve an Escape Room through Morty will be required to make payment through Morty. Additionally, certain products or services offered on the Web Properties may be subject to fees charged by Morty or one or more Escape Room Vendors, which will be identified at the point of purchase of such products or services. We may use a third party service provider to process any payments. When you make a payment, we will transfer you to a secure network provided by our third party processor through which all transactions are processed. We do not retain any of your credit card or other payment information. You agree to promptly update your User Account and other information, including your email address, phone number, and payment method details, so that we (and our third party service provider) can complete your transactions and contact you as needed in connection with your transactions. You understand and acknowledge that Morty may adjust the pricing for its products and services in the future and that you will be charged such adjusted fees on a going forward-basis after notice to you from us.
(b) Payment and Billing Information. By providing your credit or debit card information (or other payment method accepted by Morty from time to time) when you sign up, whether for a one-time purchase or for the Subscription Services, and as updated from time to time on your User Account page, if applicable (your “Payment Method”), you (i) authorize Morty and/or our third-party payment processor to charge your Payment Method; and (ii) represent that any payment information you provide is true and accurate. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your order. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method. We may contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your User Account page on the Web Properties. Changes made to your billing account will not affect charges that we submit to your billing account before we could reasonably act on your changes to your billing account. Your right to use the Subscription Service is subject to limits established by Morty and/or by the issuer of your Payment Method.
(c) Reservations. Users may use Morty in order to reserve Escape Room experiences from Morty’s Escape Room Vendors. In response to a user’s online request for a reservation, Morty contacts the Escape Room Vendor’s computerized database, and, only after the reservation has been entered into the Escape Room Vendor’s database, will that Vendor and/or Morty send electronic confirmation to the user. Absent such confirmation, no reservation has been created, and the user should contact the Escape Room Vendor and/or Morty directly by email or other electronic messages as agreed to by the user.
In the event a user wishes to cancel a reservation made through Morty, that user may be required to do so in accordance with the Escape Room Vendor’s cancellation policy, which will be disclosed when the reservation is made. Morty may place an ACH hold on the user’s debit or credit card used to make the reservation, and shall have no liability for any charges made to that debit or credit card account arising out of a user’s failure to cancel a reservation in accordance with a Vendor’s cancellation policy.
(d) Refunds and Credits. Unless otherwise provided by law or by a particular offer from us, all purchases are final and non-refundable. However, we may, in our sole discretion, issue a credit and/or refund to your User Account, if agreed-to by both parties to a transaction.
(e) Reward Programs and Gift Certificates. We may offer users benefits, including a loyalty program where frequent users of Morty can enjoy discounts for their continued use, and a referral program, providing discounts to users who refer new users to Morty. We may also offer gift certificates that can be purchased and used at multiple escape rooms across a specific geographic area. Any such rewards programs and gift certificates shall be subject to a separate agreement between and among Morty, its users, and the Escape Room Vendor(s).
11. Third Party Content and Third Party Applications. We may provide hyperlinks to other websites maintained by third parties, like individual Escape Room sites or social media networks like Facebook and Instagram, or we may provide third party content on the Web Properties that we think will be relevant to our users (collectively, “Third Party Content”) by framing or other methods. In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications, including, without limitation, the Escape Room Information described above. The links to third party websites, any Third Party Content, and any Third Party Applications are provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or Third Party Application, which at all times and in each instance is provided “as is.” If you decide to access any of the third party websites linked to the Web Properties, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. If a third party links or refers to the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us.
12. Intellectual Property. The Content of the Web Properties is intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content and/or User Content may be reproduced in any form or by any means, except as provided in Section 2 (Web Properties Use and Content) and elsewhere in these Terms. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the Web Properties. All trademarks and service marks of Morty that may be referred to on the Web Properties are the property of Morty or one of our affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission.
13. Copyright Complaints. We own, protect and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others. We will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). Under the DMCA, a copyright owner may file a takedown notice with an online service provider of an alleged copyright infringement. During this process, the service provider responds by taking down the alleged infringing content, and takes reasonable steps to contact the owner of the removed content so that a counter-notification may be filed, if appropriate. If a valid counter-notification is filed, we typically will restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of such notices to the affected parties or to any other third parties, at our discretion and as required by law. Our Privacy Notice does not apply to any information contained in these notices.
When notifying us of potential infringement, you must include the following:
● identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works are involved, then a representative list of those works on the Web Properties;
● identification of the allegedly infringing material that is to be removed;
● information reasonably sufficient to permit us to locate the allegedly infringing material on the Web Properties;
● contact information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or email address;
● a statement that the complaining party has a good faith belief that use of the material is in fact infringing and not authorized by the copyright owner, its agent, or the law;
● a statement, made under penalty of perjury, that the information set forth in the notification is accurate and, where relevant, that the complaining party is authorized to act on behalf of the copyright owner; and
● the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
A provider of content subject to a claim of infringement may make a counter-notification. To file a counter-notification with us, please provide the DMCA Agent with a written communication containing the following:
● identification of the allegedly infringing material that was removed or disabled;
● a statement that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
● your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
● the signature, physical or electronic, of you or a person authorized to act on your behalf.
We will promptly provide the party that provided the notice of alleged infringement with a copy of the counter-notification, and inform the complaining party that we intend to restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled content. Until that time, your content will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to our DMCA Agent, Andy Bauch, at email@example.com, or by certified mail and marked “Copyright Infringement”, Attn: DMCA Agent at Morty.
Before filing a notice of copyright infringement, you must make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
14. Interactive Services and User Content Policy.
(a) We offer certain features of the Web Properties designed to facilitate interaction between you, Morty, and other users of the Web Properties, including, but not limited to, the comment and review sections located in designated areas of the Web Properties (collectively, the “Interactive Services”). You agree to use the Interactive Services in full compliance with all applicable laws and regulations. You shall be solely responsible for your comments, opinions, statements, feedback, suggestions, messages, comments, ideas, notes, and other content that you (i) you submit or post on the Web Properties; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Snapchat, and Pinterest, which are tagged with #Morty or any other Morty-related or promoted hashtag or properties (collectively, “User Content”). We do not claim ownership in your User Content. However, by submitting any User Content in any form to Morty, in addition to other provisions of these Terms, you automatically grant Morty its affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sublicensable and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such User Content for the purpose of displaying and promoting such User Content on any website or other Web Properties owned or operated by, and in any related marketing materials produced by, Morty and/or its affiliates, successors and assigns without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else. You will not have or obtain any rights in or to any form, media, or technology incorporating any of your User Content. You also grant to Morty and its affiliates, successors and assigns the exclusive right to incorporate your User Content into other works in any form, medium or technology, whether now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in that User Content. By submitting or posting User Content on the Web Properties, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you also represent and warrant to Morty that either you own all Rights in your User Content or all third party holders of Rights in your User Content have validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that Morty and its affiliates, successors and assigns will be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise.
(b) Please remember that, even if we review your User Content, you will be solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed on or through the Web Properties, and we expressly disclaim any and all liability in connection with User Content. You acknowledge that Morty, our site moderators and our agents reserve the right, in our sole discretion, to refuse, move, and/or remove User Content available on or through the Web Properties that, in our judgment, does not comply with these Terms and any other rules of user conduct applicable to our Web Properties, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such User Content. You represent and warrant that neither your User Content nor your uploading, publishing or otherwise making available your User Content nor Morty’s use of your User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that you will not provide any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, invasive of another’s privacy, infringing of another’s intellectual property rights, unlawful, or otherwise offensive, as determined by Morty in its sole discretion.
15. Termination of Service. We may suspend or terminate your right to access portions of the Web Properties, including your User Account, at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.
16. Additional Remedies. You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
17. Governing Law; Jurisdiction and Venue. You agree that all matters relating to your access to, or use of, the Web Properties will be governed by the laws of the State of California, without regard to any conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of California with respect to such matters.
18. Local Laws. We make no representation that any Content, User Content or other materials on the Web Properties are appropriate or available for use in jurisdictions that are outside the United States. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
19. Export Restrictions. Any software and all underlying information and technology downloaded or viewed from any of the Web Properties or in connection with the services (collectively, the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Web Properties, the Content, the User Content and any of our products or services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
20. Arbitration / Dispute Resolution.
(a) Disputes With Morty. You agree that any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Morty or its successors or assigns shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state or provincial/territorial arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) and shall take place in Los Angeles County, California. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
By virtue of this provision, you are agreeing to give up your right to go to court except for matters that can be pursued in small claims court. The arbitration provisions are designed to provide you with a fair hearing but are simpler and more limited than the rules applicable in court.
In the case of arbitration and where permitted by law, you and Morty must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR MORTY MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Morty will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) Morty also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or Morty may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Los Angeles County, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in San Francisco County, California in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within San Francisco County, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of the prohibition of arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, the prohibition on class or collective arbitration is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Morty shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States or Canada), the dispute shall be exclusively brought in state or federal court located in Los Angeles County, California.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org (http://www.adr.org/).
(b). Disputes With Escape Room Vendors. Escape Room Vendors are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you or a member of your party, as a result of your interaction with or visit to any Escape Room Vendor or from any promotion, offer, product or service of any Escape Room Vendor. You must resolve all disputes directly with the Escape Room Vendor. To the maximum extent permitted by applicable law, you hereby release Morty from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against Morty pertaining to disputes with Escape Room Vendors.
By accessing and using the Web Properties, you consent to and agree to be bound by these Terms. Further, you will be asked to indicate your agreement to these terms in order to access certain features of the Web Properties and/or to create a User Account. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these Terms will signify your assent to and acceptance of the revised Terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:
Hoverboard Applied Technologies, LLC, d/b/a Morty
11870 Santa Monica Blvd #106-334
Los Angeles, CA 90025
Phone: (833) 987-1999
Copyright © 2020. Hoverboard Applied Technologies, LLC, d/b/a Morty. All Rights Reserved.
Effective as of: March 1, 2020
Last updated: March 1, 2020