Terms of Service
This Privacy Policy describes privacy practices for Slick Technologies LLC (“Slick,” “we,” or “us”) related to the collection, use, storage, and sharing of our customer’s (“You” or “Your”) information collected through Your use of Slick’s Mobile Application (the “Application”), website (the “Website”), or use of our hardware device(s) (collectively referred to herein as “Slick Service”). By using the Slick Service, You indicate that You have read, understand, and accept the practices and policies outlined in this Privacy Policy. (In addition, and as described herein, certain features of the Slick Service require your expressed consent.)
Welcome to Slick Technologies LLC (“Slick”)’s Website or mobile application (“Application” or “App”) and our Terms of Service (these “Terms”). These Terms govern your rights, so please read them carefully. By accessing or using Website or Application or other distribution channels, including hardware devices (collectively, the “Channels”) provided by Slick, or any of our subsidiaries or other affiliates (collectively, “Slick,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Channels. Any terms not defined herein shall have the meanings provided in the agreement between us and the entity through which you have been provided access to the Website or App. By clicking on the acceptance button that follows these terms, you indicate acceptance of these Terms.
Important Note
We are currently in “Beta” testing. This means that we have not yet completed development of the Website and App. Not all features are completely functional or available, and the Website, App, and Channels may perform slowly. You may see cryptic error messages filled with computer-speak. And occasionally, the Website, App, and Channels might not work at all. Please address all operational questions to joe@helloslick.com. Please understand that both while in Beta testing and in full operations mode we cannot ensure or guarantee and does not warrant that the Website or App available through the Channels or any Channel that we provide will be accurate, meet your particular needs or requirements or that the Website or App is complete, accurate or current. It’s important for us to hear from you as you use the Website or App. We want to know what you like, don’t like, and have questions about. Please email us at info@helloslick.com or go to helloslick.com to make suggestions, share ideas, report problems, or ask a question. In doing so, however, you agree that, in the absence of any written agreement to the contrary, we will be free to use any feedback you provide for any purpose and you are transferring any right of ownership with respect thereto to us and are waiving any right to compensation with respect thereto.
Slick reserves the right to change or modify these Terms at any time and in our sole discretion. We also incorporate by reference Slick’s Privacy Policy to these Terms. If we make changes to these Terms, we will provide notice of such changes, by updating the “Last Updated” date at the beginning of these Terms. By continuing to access the Channels or use the Website or App, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Website or App. If you do not agree to the revised Terms, you may not access or use the Website or App.
1. Access to the Website or App
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Website, App, Channels and the Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Website, App, Channels or Content, (b) distribute, publicly perform or publicly display the Website, App or any Content, (c) modify or otherwise make any derivative uses of the Website, App, Channels or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Website, App, Channels or Content, except as expressly permitted by us, and (f) use the Website, App, Channels or Content other than for their intended purposes. Any use of the Website, App, Channels or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights or Content of Slick or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Website, App, Channels, Content and any third party Device through which you may access the Website or App may include software components provided by Slick or a third party that are subject to separate license terms, in which case those license terms will govern such software components. You are solely responsible for all data and telecommunications charges incurred with your use of the Website or App.
2. Proprietary Rights and Confidentiality
Unless otherwise indicated in writing by us, the Website, App, and any Channels that we provide, and all content, materials contained therein, including, without limitation, any documentation provided with the Website, App, the Slick name and logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined below), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Slick or our licensors or users, as applicable, and are protected by U.S. and international copyright laws and international treaty provisions and constitute valuable proprietary property of Slick (or our affiliates) or licensors and all title and ownership rights in each of the foregoing remain exclusively with us (or our affiliates) or licensors. We reserve all rights with respect to the foregoing under all laws of all jurisdictions designated for the protection of proprietary information, including, but not limited to, trade secrets, copyrights, trademarks, service marks, and patents. You may not: (i) alter or remove any proprietary, copyright, trademark or trade secret legend, or (ii) attempt to compile, disassemble or reverse engineer any software or other Slick proprietary materials. Any information derived in violation of such covenant shall automatically be deemed owned exclusively by Slick. Proprietary legends or restrictive notices may not be removed, and you shall not copy or modify any such materials except as specifically authorized hereunder.
3. Privacy Information
For more information regarding how your personal information may be collected, used, or disclosed, please reference Slick’s Privacy Policy, which is incorporated by reference to these Terms.
4. Eligibility
The Website and App is not targeted toward or intended for use by anyone under the age of 18. By using the Website or App, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from use of the Website or App, or engaged in any activity that could result in suspension or removal from the Channels, (d) do not have more than one Slick account, (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party, (f) have provided only registration data and User submissions that are truthful and accurate, (h) will provide your registration data and use the Slick Website or App in full compliance with all applicable laws, statutes, regulations, ordinances and other rules, and (i) will not submit any material that may disrupt or interfere with the hardware or software operating the Slick Website or App.
5. Registration, Account and Communication Preferences
In order to access and use the Website or App, you will need to register for an account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Website or App, Channels or your account. You may be liable for the losses incurred by Slick or others due to any unauthorized use of your account. By creating an account, you also consent to receive electronic communications from us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
6. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Website, App and our other Channels by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything in the Website or App or on the Channels infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
- Name of Designated Agent: Miles & Stockbridge PC
- Address: 100 Light St., Baltimore, MD 21202
- Phone: 410-727-6464
- Email: mklaiber@milesstockbridge.com
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
7. Trademarks
“Slick,” the Slick logo and any of our other product or service names, logos or slogans that may appear on the App or Channels are trademarks of Slick and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, the “look and feel” of the Website and App, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Slick and fully protected by copyright and trademark laws, and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website, App or Channels are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder.
8. Hyperlinks
Slick makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Website, App or Channels or of websites linking to the Website, App or Channels. When you link to those websites, you leave the Website, App and our Channels, if applicable. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. Slick expressly disclaims all responsibility or liability for the availability or accuracy of such external sites or resources or the content thereon. Your use of any links is at your own risk.
9. Third Party Content
We may display content from third parties through the Website or App (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Slick is not responsible or liable in any manner for such interactions or Third Party Content.
10. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Website or App. You agree that you will abide by these Terms and will not: Use or attempt to use another user’s account without authorization; Use the App or Channels in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website, App or Channels; Reverse engineer any aspect of the Website, App or Channel; Attempt to circumvent any content-filtering techniques we employ; Develop any third party applications that interact with User Content, the App or Channels without our prior written consent; Use any robot, spider, crawler, scraper or other automated means; Use the Website, App or any Channels for any illegal or unauthorized purpose.
11. User Content
The Website, App and/or Channels may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Website, App and Channels. We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right to remove, screen or edit User Content at any time and for any reason.
12. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Slick, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Slick Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs, including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Website, App, Channels or Content, (b) any User Content you create, post, share or store, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any use or misuse of the Website, App or Channels by any third party who accesses through your Device.
13. Disclaimers
We do not guarantee the accuracy of the Website, App or any other materials and information and are not responsible for any claims arising or resulting from your reliance thereon. The Website, App, Channels and Content are provided on an “as is” basis without warranties of any kind, either express or implied except as expressly provided for in these Terms. Slick disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
14. Limitation of Liability; Release
To the fullest extent permitted by applicable law, in no event shall Slick or any of the other Slick Parties be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in any way related to the access or use of the Website, App, Channels or Content or otherwise related to these Terms, regardless of the form of action. To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of Slick and the other Slick Parties (jointly) exceed the greater of $500 or the amount you paid to us in the one (1) month period immediately preceding the date on which your claim arose.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
15. Governing Law and Venue
These Terms and your access to and use of the Website, App and Channels shall be governed by and construed and enforced in accordance with the laws of the State of Maryland, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties shall be resolved in the state or federal courts of the State of Maryland. We each agree to waive all right to a jury trial in connection with any matters covered by these Terms.
16. Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to suspend or terminate your right to access or use the Website, App and Channels at any time and for any or no reason. In the event of termination, regardless of cause, you agree to immediately delete your account, remove the App from your Device and cease all use of the Website, App and Channels. Your only remedy with respect to any dissatisfaction with the Website, App, any of these Terms, any policy or practice of Slick, or any content transmitted through the Website or App, is to cease use of the Website, the App, or its Channels and remove it from your Device.
17. Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part.
18. Survival
The following sections will survive the expiration or termination of these Terms and the termination of your account: all defined terms and Sections 1, 2, 6, 7, 8-12, 14, 15, 17, this section 18 and 19.
19. Miscellaneous
These Terms constitute the entire agreement between you and Slick relating to your access to and use of the Website or App and Channels. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Slick. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.