Aspire Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY AFFECT YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES BETWEEN YOU AND ASPIRE ARE RESOLVED.
The Aspire application (the “Application”) and the Aspire website at AspireProductivityApp.com (the “Website”) is part of an overall service (the “Service” or “Services”) operated by Aspire99 LLC, doing business as “Aspire.” The Service (including the Application and the Website) provides individual subscribers (“Subscriber” or “You”) with access to multiple social media platforms and important mobile functions through a single interface.
By using any of the Service(s), You agree to be bound by the terms and conditions in this agreement.
General Account Terms
As a condition of opening an account (your “Account”) and ongoing access to the Service(s), You agree that you will:
- Be a human 18 years or older who has the legal capacity to enter a contract. Accounts registered by minors, “bots” or other automated methods are not permitted.
- Provide your full legal name, a valid email address, and all other device function access and information requested.
- Maintain the security of the device(s) you use to access the Service(s) and your account and password.
- Take full responsibility for: (i) all activity on your account, and (ii) anything posted under your account (your “Content”).
- Use the Service(s) only for legal and authorized purposes. You must not use the Service(s) in a way that violates any laws or regulations in your jurisdiction.
As a condition of opening an account and ongoing access to the Service(s), You agree that you will NOT:
- Violate Aspire’s acceptable use policies (as determined in Aspire’s sole discretion from time to time) for selection of your username and for all content, communications, and behavior relating to the Service. For example, physical abuse, violation of any party’s intellectual property rights, and communication that is profane, unlawful, threatening, abusive, libelous, defamatory, pornographic, obscene, threatens abuse or retribution, contains slurs and/or is otherwise objectionable, are grounds for immediately terminating your account.
- Create or operate another application, website, or service to falsely imply that it is associated with Aspire Service(s).
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service(s) without Aspire’s express written permission.
- Misrepresent your identity, create a new account, or use other accounts to avoid enforcement of any Aspire policies, terms or conditions.
- Disclose in any public posting the contact information of another account holder.
- Circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict access to any Content or enforce limitations on the use of the Application and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Application.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the networks or services connected to the Application and/or used to provide the Services.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile or subscription.
- Use any information obtained from the Application in order to harass, abuse, or harm another person.
- Use the Application as part of any effort to compete with us or otherwise use the Application and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application and/or Services.
- Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any system used to provide the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you.
- Delete copyright or other proprietary rights notice from any Content.
- Copy, modify, adapt, hack, or interfere with the operation of the Application and/or Service(s).
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
These terms apply to any connections you make using the Service(s):
- The fees Aspire charges are defined in the fee schedule in the Aspire application.
- You agree to provide current, complete, and accurate purchase and account information for all subscriptions and purchases made via the Application and Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for the Service and any purchases made via the Application. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
- You agree to pay all charges or fees at the prices then in effect for the Service and any other purchases made through the Application, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your Subscription and/or purchase are subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
- We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse to provide the Services and any order placed through the Services.
Cancellation and Termination
You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at email@example.com. Aspire, in its sole discretion, may refuse to provide an account, or suspend or terminate your Account, for any reason at any time. Such termination of the Service(s) will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
Modifications to the Service(s) and Their Terms
Aspire reserves the right to modify or discontinue, temporarily or permanently, the Service(s) (or any part thereof) with or without notice.
Aspire also reserves the right to amend these Terms of Service, its policies, and fees. Changes will take effect as posted, and continued use of any Service(s) shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://test.dev-version.com/aspireproductivityapp. Other policies and the Aspire fee schedule are posted at http://test.dev-version.com/aspireproductivityapp.
Aspire is not obligated to screen any Content. Aspire may, but has no obligation to, remove Content that violates its policies.
Any information you enter in the application or upload (“Content”) remain yours. Also, by posting, uploading, displaying, performing, transmitting, or otherwise distributing Content to the Service, you are granting Aspire, its affiliates, officers, directors, employees, consultants, agents, and representatives a perpetual, worldwide, paid-up license to use the Content for operation of the Service(s), including without limitation, a right to copy, transmit, store, and reformat the Content to provide Content access to You in the Application. By posting Content on the Service(s), you warrant and represent that you own the rights to the Content or are otherwise authorized to post the Content and grant the licenses herein.
You will not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, or trade secrets. You are solely responsible for any violations of any laws and for any infringements of rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your Account login.
Aspire Ownership Rights
All Aspire content provided as part of the Service(s) is the property of (or licensed by) Aspire and is protected by U.S. and international copyright and/or other intellectual property laws. The look and feel of the mobile applications and Service(s) are also Copyright 2020 Aspire99 LLC, with all rights reserved. You may not duplicate, copy, or reuse any portion of the visual design elements or content without express written permission from Aspire.
The Aspire applications, including all files and images contained in or generated by the applications, their look-and-feel, visual design elements, and accompanying data (collectively, “Software”) are licensed to you by Aspire, for personal use only and not for commercial resale, and only during the term of this Agreement. Aspire does not grant you any title or other intellectual property rights in the Software. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert any part of the Software to a human-perceivable form.
Access to Third-Party Accounts
As part of the functionality of the Application, You may link your account with online accounts You have with third-party service providers (as examples, Facebook, Etsy, Instagram, Google, Outlook, Apple, or other supported email providers) (each a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Application; or (2) otherwise allowing the Application to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) the Application may access and make available to you any content that you have provided to and stored in your Third-Party Account or that is otherwise accessible from the Third-Party Account (the “Social Network Content”) so that it is visible in the Application, and (2) we may submit to and receive from your Third-Party Account additional information authorized when you link your account with the Third-Party Account.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Some third-party service providers may impose restrictions on how you use your account, such as rules about accessing your account through other Applications. You are responsible for compliance with your third-party service provider agreements, and We will not be liable for any adverse actions resulting from any violation or alleged violation of your agreements with third-party service providers.
We are not responsible for any Social Network Content. We make no effort to review or filter any material you post, submit, read, or download from a Third-Party Account, including without limitation your social media or email accounts, for any purpose, including but not limited to assuring accuracy, legality, non-infringement, protection of privacy, or avoidance of offending material.
You can elect to disable the connection between your Aspire account and your Third-Party Accounts at any time. You can deactivate the connection between the Application and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except for items such as a username or profile picture that become associated with your Aspire account.
Infringement Claims – Digital Millennium Copyright Act
Aspire takes copyright infringement seriously. Pursuant to the Digital Millennium Copyright Act (Title 17 USC 512(c)), a copyright owner or their agent may submit a takedown notice to Aspire. As a service provider, Aspire is entitled to claim immunity from infringement claims pursuant to the “safe harbor” provisions of the DMCA.
Aspire makes a good faith effort to identify any repeat infringers. Those that violate Aspire’s internal repeat infringer policy will have their accounts terminated.
To submit an infringement claim to Aspire, you must provide a notice including the following information:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the infringing material to be removed, and information reasonably sufficient to permit Aspire to locate the material. Please submit the Username and a description of the infringing material and where it is stored.
- Contact information including your name, physical address, email address, and phone number.
- A statement that the complaining party has a good faith belief that the use of the material is unauthorized.
- A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
- A physical or electronic signature of the copyright owner (or authorized representative).
Civil damage penalties, including costs and attorney fees, may apply against any person who knowingly and materially misrepresents certain information in a notification of infringement.
Send all takedown notices to firstname.lastname@example.org.
Please note that the identity and information in any copyright infringement claim we receive may be communicated to the alleged infringer.
Disputing a Take Down
If you have received a notice that your Content was taken down because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the Service(s). The notification must be sent in writing to email@example.com and must contain the following elements (17 USC 512(g)(3)):
- A description of the material that has been taken down and the original location of the material before it was taken down.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material.
- 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 the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification.
- Your physical or electronic signature.
Disclaimers and Limitations of Liability
Aspire endeavors to provide reliable access to Content you create or store via the Application. However, the Services are subject to various modes of failure and loss of data, some of which are beyond Aspire’s control. Further, because your Third-Party Account user information and passwords, and the Content you create, store, and retrieve using the Application, are all transmitted over publicly accessible networks (such as mobile data communications networks and the internet) as well as being stored on servers connected to these networks, there is an inherent risk that your Content will be intercepted or improperly accessed by third party actors.
Your use of the Service(s) is at your own risk, and on an “as-is” and “as-available” basis. To the full extent permitted by law, Aspire hereby excludes all express and implied warranties, including (without limitation) implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
In addition, to the extent permitted by law, Aspire (and its officers, directors, agents, service providers, and employees) shall not be liable for any damages or losses resulting in any way from:
- Content you provide while using the Service(s).
- Your use of or inability to use Service(s).
- Loss of Content and/or loss of access to Content created using the Services.
- Your failure to secure your device(s) and your account information.
- Interception of data or other unauthorized access to data by a third party.
- Any modification, price change, suspension or discontinuance of the Service(s).
- Viruses or other malicious software, glitches, bugs, errors or inaccuracies resulting from access to the Service(s).
- Damage to your device(s) while using the Service(s).
- The behavior, actions and inactions of third parties using the Service(s).
- Actions taken by Aspire in response to violations of the Terms of Service and its other policies, as amended from time to time.
- Any effects of changes in Aspire operations, policies and Terms of Service on You or any business you conduct, including without limitation the need to modify your Content and practices to comply with such changes.
- The technical operating and transmission features of the Service(s), including without limitation the transfer of unencrypted Content over various networks.
- Acts (or failures to act) of Aspire’s third party hardware, software, and network service providers.
The foregoing exclusions of Aspire liability apply to all forms of damages or losses, whether direct, indirect, incidental, special, consequential or exemplary, and including but not limited to, damages for loss of profits, goodwill, use, personal injury, or intangible losses (even if Aspire has been advised of the possibility of such damages).
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
If despite the provisions herein, Aspire is found to be liable for damages to you or another party, our liability is limited to the greater of (i) the amount you paid for the Services within the six months preceding the event causing the claimed liability, and (ii) $100.
Release and Indemnity
You release Aspire and its officers, directors, employees and agents from claims, demands and damages (actual and consequential) of every type, known and unknown, connected in any way with your use of the Aspire Services. You expressly waive any statutory or other protection that would otherwise limit this release to claims that you know of (or suspect to exist) when you open your account and agree to this release.
You will indemnify and hold harmless Aspire, its officers, directors, employees, and agents from any claim or demand (and reasonable attorney’s fees) made by any third party arising out of your breach of these Terms of Service, your improper use of the Service(s), your failure to honor the terms of a transaction arranged using the Service(s), or your violation of any law or other rights of a third party.
Arbitration of Disputes with Aspire
Any claim or dispute arising between you and Aspire that relates in any way to the Aspire Terms of Service, your use of or access to the Service(s), actions by Aspire or its agents, or any transaction through the Service(s), will be resolved exclusively through final and binding arbitration, rather than in court.
As an alternative, you may file a claim in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Prohibition of Class and Representative Actions
YOU AND ASPIRE MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR OTHER REPRESENTATIVE STATUS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS OR PRESIDE OVER ANY CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF FOR THAT PARTY’S INDIVIDUAL CLAIMS.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org.
A party who intends to seek arbitration must first send to the other, by certified mail, a Notice of Dispute (“Notice”) describing the nature and basis of the claims the party is asserting and the relief sought. The Notice to Aspire should be sent to Aspire99 LLC, Attn: Notice of Dispute, 1010 ECS Way, Belvidere, IL 61008. Aspire will send any Notice to the email or SMS address on file for your Aspire account; it is your responsibility to keep your email and SMS addresses up to date.
If you and Aspire are unable to resolve the claims in the Notice within 30 days after the Notice is sent, either party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to Aspire at the following address: 1010 ECS Way, Belvidere, IL 61008. If Aspire initiates an arbitration it will send a copy of the completed form to the email or SMS address on file for your Aspire account. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Settlement offers shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in Belvidere, Illinois. If the value of the relief sought is $1,000 or less, either you or Aspire may elect to have the arbitration conducted by telephone or based on written submissions.
The arbitrator will decide all claims consistent with applicable law and will honor privileges recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving other users. The arbitrator’s award shall be final and binding; judgment on the award may be entered in any court having jurisdiction thereof.
YOU CAN REJECT THE ARBITRATION REQUIREMENT HEREIN BY MAILING Aspire A WRITTEN NOTICE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU OPEN YOUR ACCOUNT FOR THE FIRST TIME.
The Notice must include your name, street address, city, state and zip code, and the user ID(s) and email address(es) associated with the Aspire account(s) to which the opt-out applies, and must be signed by you. You must mail the Opt-Out notice to Aspire99 LLC, Attn: Legal Notice, 1010 ECS Way, Belvidere, IL 61008. This is the only way to opt out of arbitration; the rest of the Terms of Service will continue to apply. Opting out of arbitration as provided in this version of the Terms of Service has no effect on any other or future arbitration agreements you may have with Aspire.
If the arbitration provisions above are found not to apply to your claim, the state courts located in Illinois and the Federal courts located in Illinois will have exclusive jurisdiction, and you agree to submit to the personal jurisdiction of these courts.