These Terms of Use (“Terms”) govern your access or use, from within the United States and its territories and possessions, of the marketplace platform (the “HUVR Platform”) and any related content or services, including without limitation, the website huvr.com and related sites, mobile applications, and any other services provided by HUVR Inc. (“HUVR”), or through the HUVR Platform (collectively, the “Services”).

BY ACCESSING ANY OF THE SERVICES, YOU AGREE TO THESE CONDITIONS. PLEASE READ THEM CAREFULLY.   THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND HUVR.

By accessing or using any of the Services, you confirm your agreement to be bound by these Terms.  If you do not agree to these Terms, you may not access or use any of the Services.  These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.

Notwithstanding the foregoing, these Terms do not supersede or otherwise impact the enforceability of any agreements that you may have with HUVR regarding providing services as a HUVR Walker, or other services (the HUVR Walker Agreement and/or any similar agreements).  To the extent that any agreement you may have with HUVR regarding providing services to HUVR or its users conflicts with these Terms, those agreements (and not these Terms) will prevail.

BE ADVISED THAT THESE TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS BETWEEN YOU AND HUVR CAN BE BROUGHT.  PLEASE REVIEW THE TERMS CAREFULLY, AS THEY REQUIRE YOU TO RESOLVE ALL DISPUTES WITH HUVR ON AN INDIVIDUAL BASIS. BY USING ANY OF THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF USING THE SERVICES.

Certain supplemental terms may apply to certain options or offers available through the Services.  Such supplemental terms will be disclosed to you in connection with the applicable option or offer.  Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable option or offer.  Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable option or offer.

HUVR may make changes to these Terms at any time.  If HUVR makes changes to these Terms, it will provide you with notice of such changes, such as by sending an email, providing a notice through the Services, or updating the date at the top of these Terms.  Unless HUVR says otherwise in its notice, the amended terms will be effective immediately and your continued access to and use of the Services after HUVR provides such notice will confirm your acceptance of the changes.  If you do not agree to the amended Terms, you must stop accessing and using the Services.

HUVR’s collection and use of personal information in connection with the Services is described in HUVR’s Privacy Policy (the “Privacy Policy”), which also governs your use of the Services, and is integrated by reference herein.

1. THE SERVICES. HUVR operates the HUVR Platform that is offered in a number of forms.  Among other things, the HUVR Platform enables you to receive: (a) services rendered by HUVR that facilitate your connection to independent third party providers, including HUVR Walkers and other service providers (“Third Party Providers”), for the purchase of services or goods, such as tours, from those Third Party Providers; and (b) any related content or services, including payment processing and customer support.

YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN THE SERVICES FROM THIRD PARTY PROVIDERS THROUGH THE USE OF THE HUVR PLATFORM AND THE SERVICES DOES NOT ESTABLISH HUVR AS THE PROVIDER OF SUCH SERVICES.  YOU FURTHER ACKNOWLEDGE THAT INDEPENDENT THIRD PARTY PROVIDERS, INCLUDING HUVR WALKERS, ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF HUVR IN ANY WAY.

1. YOUR ACCOUNT. To utilize some services included in the Services, you may be asked to create a password-protected account (your “Account”). You agree to keep your Account information and password confidential. You agree to notify HUVR immediately of any actual or suspected unauthorized use of your Account. Your Account is solely for your personal and non-commercial use. You may not sublicense, distribute, sell, use for service bureau use, lease, rent, loan or otherwise transfer your Account or the right to access your Account to any third party. You are solely responsible for all activities that occur through your Account. HUVR will not be responsible for any loss to you caused by your failure to comply with these obligations. You represent and warrant that: (a) all information you provide in your registration is true, accurate, current, and complete; and (b) you will maintain and promptly update such information to keep it true, accurate, current, and complete.

As part of the registration process, you may be assigned or permitted to create a user ID for use in identifying your Account (a “User ID”). You may not: (x) select or use a User ID of another person with the intent to impersonate that person; (y) use a User ID in which another person has rights without such person’s authorization; or (z) use a User ID that HUVR, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate termination of your Account.

1. TERM AND TERMINATION. These Terms will be effective on the date that you first access any of the Services and will continue until terminated. HUVR may terminate these Terms, and your access to any or all of the Services, immediately, for any reason or no reason, with or without notice to you. HUVR may also suspend your use of any or all of the Services and direct you to cease using any or all of the Services with or without notice to you and with or without cause. Upon any termination of these Terms, all rights granted to you under these Terms will cease, your Account will be closed, and you must promptly discontinue all use of or access to any of the Services. Sections 1 (THE SERVICES), 3 (TERM AND TERMINATION), 4 (CONTENT), 7 (RESTRICTIONS), 8 (TERMINATION), 9 (MARKS), 10 (POSTINGS AND UPLOADS), 11 (CONDUCT), 12 (CLAIMS OF INFRINGEMENT), 13 (REPRESENTATIONS AND WARRANTIES), 14 (PAYMENT), 15 (DISCLAIMER AND LIMITATION OF LIABILITY), 16 (INDEMNIFICATION), 17 (LINKED SITES), 18 (MOBILE SERVICES), 19 (APP STORES), 20 (NOTICES), and 21 (GENERAL TERMS) shall all survive termination or expiration of these Terms for any reason as they apply to the rights granted to HUVR and the restrictions placed on you.

1. CONTENT. All text, files, images, graphics, illustrations, information, data, audio, video, photographs, advertising, user interfaces, visual interfaces, trademarks, logos, sounds, music, artwork, computer code and other content (collectively, “Content”), including without limitation, the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, available through any of the Services, including, without limitation, all Content made available through any widget or other partners, affiliates, and licensors (collectively “Affiliates”), is owned by HUVR or its Affiliates and is protected by United States and international copyright laws. Your access to, and use of, any Content is also subject to any other license or other agreement separate from these Terms that you may have entered into (or may enter into) with HUVR or any of its Affiliates related to that Content (each of those licenses or other agreements, a “Content Agreement”). Except as expressly set forth in these Terms or a Content Agreement, you are granted no licenses or rights, whether by implication, estoppel, or otherwise, in or to the Content, or any Intellectual Property Rights therein or related thereto, and you may not copy, modify, reproduce, upload, perform, publicly display, create derivative works from, republish, post, transmit, encode, translate, participate in the transfer or sale of, distribute (including without limitation, “mirroring”), or in any way exploit any portion of the Content or the Services without the prior written permission of HUVR. If you would like to use the Content or the Services in a manner that is not expressly set forth in these Terms or any Content Agreement, please send your request by emailing HUVR at info@huvr.com.

1. LICENSE AND ACCESS.  Subject to your compliance with these Terms and any Content Agreement, HUVR or its Affiliates grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services and the Content.  This license does not include any resale or commercial use of any of the Services or the Content; any derivative use of any of the Services or the Content; any downloading, copying, or other use of any of the Services or the Content for the benefit of any third party; or any use of any data mining, robots, or similar data gathering and extraction tools.  All rights not expressly granted to you in these Terms or any Content Agreement are reserved and retained by HUVR or its Affiliates.  None of the Content, nor any part of any of the Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of HUVR.  You may not frame or utilize framing techniques to enclose any trademarks, trade names, service marks, logos, banners, and page headers displayed through any of the Services (collectively, the “Marks”) or proprietary information (including images, text, page layout, or form) of HUVR without express written consent.  You may not use any meta tags or any other “hidden text” utilizing HUVR’s name or Marks without the express written consent of HUVR.  You may not misuse any of the Services.  You may use the Services only as permitted by law.  The licenses granted by HUVR terminate if you do not comply with these Terms or any Content Agreement.

1. CONTENT DESCRIPTIONS.  HUVR attempts to be as accurate as possible.  However, HUVR does not warrant that descriptions of any of the Content or the Services is accurate, complete, reliable, current, or error-free.  HUVR also does not warrant that any descriptions of HUVR products found on any of the Services is accurate, complete, reliable, current, or error-free.

1. RESTRICTIONS.  You must be 13 years or older to access the Services. If you are under 13, then you may not access the Services under any circumstances. If you are 13 or older and younger than 18, then you may access the Services only if you have your parents’ or guardians’ prior permission. By accessing the Services, you represent that you are at least 18 or that you are at least 13 and have your parents’ prior permission to do so. If you are a parent or guardian providing permission for a child aged 13 or older to access the Services, then you agree to accept full responsibility for that child’s use of and access to the Services under these Terms.

You may access and use the Services solely for lawful purposes and only in accordance with these Terms. HUVR reserves the right at any time and in its sole discretion to modify, suspend, or discontinue any or all of the Services with or without notice. We reserve the right to refuse use of the Services in our discretion.  We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of Content that can be accessed.

1. TERMINATION.  Our business may change over time and we reserve the right to cancel the Services in whole or in part, and to terminate your use of the Services at our discretion without notice.  Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

1. MARKS. Unless otherwise labeled, all Marks are the property of HUVR or its Affiliates. Except as expressly set forth in these Terms, you may not display, link to or otherwise use the Marks without the prior written permission of HUVR or the appropriate Affiliate.

1. POSTINGS AND UPLOADS. The Services may include information, forums, bulletin boards, chat rooms, or other opportunities through which you may provide, transmit, upload, or otherwise make available Content (such Content, “Provided Content”). You agree not to upload or provide any Provided Content that is: (a) libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy; (b) an infringement or misappropriation of the Intellectual Property Rights of any third party; (c) illegal in any way or that advocates illegal activity; (d) false or misleading; or (e) an advertisement or solicitation of funds, goods, or services. You represent and warrant to HUVR and its Affiliates that you own all right, title, and interest in and to any Provided Content that you provide or upload through any of the Services, or that you have sufficient rights, whether by implication, estoppel or otherwise, to grant HUVR the rights discussed in these Terms. You will indemnify, defend, and hold harmless, HUVR and its Affiliates from and against any and all third party claims, losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys’ fees and court costs) that result from (x) a breach or alleged breach of any representation or warranty set forth in these Terms and/or (y) your use of the Services. By providing or uploading any Provided Content through any of the Services, unless otherwise stated in a separate agreement entered into by you and HUVR in connection with your upload of any Provided Content, subject to the terms of the Privacy Policy, you grant HUVR a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, store, reproduce, modify, display, adapt, publish, translate, create derivative works from, distribute, and display such Provided Content throughout the world in any form, media, software, or technology of any kind. In addition, you waive all moral rights in the Provided Content or warrant that all moral rights applicable to such content have been waived.

1. CONDUCT. You will not and will not permit any third party to: (a) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of any Content, or in any way reproduce or circumvent the navigational structure or presentation of any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposefully made available through any of the Services; (b) attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to any HUVR server, by hacking, password “mining” or any other illegitimate means; (c) use the Services to harvest or collect e-mail addresses, whereabouts or other contact information of other users from the Services by electronic or other means for any purpose; (c) probe, scan or test the vulnerability of any network connected to the Services, or breach the security or authentication measures on any network connected to the Services; (d) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services, including any account not owned by you, to its source, or exploit any of the Services or Content in any way where the purpose is to reveal any information, including without limitation, personal identification or information, other than your own information; (e) pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; (f) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services; (g) use any of the Services or Content for any commercial purpose or in any automated manner; (h) use automated scripts to collect information from or otherwise interact with the Services; (i) use the Services to intimidate, harass, or bully any person or entity; (j) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or method of operation of any the Services; (k) remove, bypass, or circumvent any notices included on any of the Services or Content; or (l) provide to HUVR any code or device capable of or intended to interrupt, harm, or damage any of the Services or Content or the operation thereof.

1. CLAIMS OF INFRINGEMENT. Just as HUVR requires users of the Services to respect the Intellectual Property Rights of HUVR, its Affiliates, and other third parties, HUVR respects the Intellectual Property Rights of users of the Services and other third parties. If you believe, in good faith, that your Intellectual Property Rights have been infringed or misappropriated through the Services without authorization in a way that constitutes infringement, you may notify HUVR by mail to:

HUVR Inc.

130 E. Kiowa Street, #201

Colorado Springs, CO 80903

Please provide the following information to HUVR:

1. The identity of the infringed work, and of the allegedly infringing work;
2. Your name, address, daytime phone number, and e-mail address;
3. A statement that you have a good faith belief that the use of the potentially infringing work is not authorized by the owner, the owner’s agent, or the law;
4. A statement of the accuracy of the notice and, under penalty of perjury, that you are authorized to act on behalf of the owner; and
5. Your signature.

1. REPRESENTATIONS AND WARRANTIES. You hereby represent, warrant, and covenant for the benefit of HUVR and its Affiliates that: (a) you have the legal right and authority to accept these Terms; (b) you have the legal right and authority to perform your obligations under these Terms and to grant the rights and licenses described in these Terms and in any applicable additional agreement you enter into in connection with your access to or use of the Services; and (c) all information you provide to HUVR in connection with these Terms and your access to or use of the Services is correct and current.

1. PAYMENT.  You understand that use of the Services may result in charges to you for the Services or any goods you receive (“Fees”).  HUVR will enable your payment of the applicable Fees for the Services or any goods obtained through your use of the Services.  Fees will include applicable taxes where required by law.  Fees may include other applicable fees, product return fees, cancellation fees, estimated or actual tolls or entrance fees, and/or surcharges.  Further, you acknowledge and agree that Fees applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors.

All Fees will be enabled by HUVR using the preferred payment method designated in your Account.  If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that HUVR may use a secondary payment method in your Account, if available.  Fees paid by you are final and non-refundable, unless otherwise determined by HUVR.

HUVR reserves the right to establish or adjust Fees for any or all of the Services or any goods obtained through the user of the Services at any time.  HUVR will use reasonable efforts to inform you of Fees that may apply, provided that you will be responsible for Fees incurred under your Account regardless of your awareness of such Fees or the amounts thereof.  Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Fees applied to you.  Promotional offers and discounts are subject to change or withdrawal at any time and without notice.  You may elect to cancel your request for services at any time prior to the commencement of such services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf.

With respect to Third Party Providers, Fees you incur will be owed directly to Third Party Providers, and HUVR will collect payment of those Fees from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Fees shall be considered the same as payment made directly by you to the Third Party Provider. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services.  Except for amounts provided by you through the Services as part of the “tip” feature, HUVR does not designate any portion of your payment as a tip or gratuity to a Third Party Provider.  You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Services, you are under no obligation to do so.  There also may be certain Fees that you incur that will be owed and paid directly to HUVR or its Affiliates.  For the avoidance of doubt, HUVR does not charge a fee for a user to access the HUVR Platform, but retains the right to charge users a Fee for accessing the Services made available through the HUVR Platform.  Even if not indicated on the HUVR Platform, you understand that the prices for products or services displayed through the Services may differ from the prices offered or published by Third Party Providers for the same products or services and/or from prices available at other third party websites/mobile applications.  Prices for products or services displayed through the Services may not be the lowest prices at which the products or services are sold.

If you believe a correction should be made to any Fee you incurred, you must let HUVR know in writing within 30 days after the Fee took place, or HUVR will have no further responsibility and you waive your right to later dispute the amount charged.

If you fail to comply with these Terms, you may be responsible for Fees, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms.

1. DISCLAIMER AND LIMITATION OF LIABILITY.

1. Disclaimer. ALL CONTENT AND THE SERVICES PROVIDED THROUGH OR IN CONNECTION WITH HUVR ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. NEITHER HUVR NOR ITS AFFILIATES REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY CONTENT, ADVICE, OPINION, STATEMENT, OR OTHER DATA OR INFORMATION DISPLAYED ON, DOWNLOADED FROM, OR DISTRIBUTED THROUGH ANY OF THE SERVICES. HUVR DOES NOT PRESCREEN CONTENT PROVIDED BY USERS, AND YOU UNDERSTAND THAT BY USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL HUVR BE LIABLE IN ANY WAY FOR ANY OF THE SERVICES OR CONTENT. YOU AGREE THAT YOUR ACCESS TO THE SERVICES AND CONTENT IS AT YOUR OWN DISCRETION AND YOUR OWN RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO OR USE OF ANY OF THE SERVICES OR CONTENT. EXCEPT WHERE THE LAWS AND REGULATIONS OF A PARTICULAR JURISDICTION CONCERNING WARRANTIES CANNOT BE WAIVED OR EXCLUDED BY AGREEMENT, HUVR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SERVICES OR CONTENT AND THAT INTERRUPTIONS, CRASHES, AND DOWNTIME MAY OCCUR FROM TIME TO TIME.

HUVR DOES NOT GUARANTEE THE QUALITY, SUITABILITY OR ABILITY OF THIRD PARTY PROVIDERS.  YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

HUVR DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY PROVIDERS, INCLUDING HUVR WALKERS.  THIRD PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF HUVR.

HUVR DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES.  HUVR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

1. Limitation. IN NO EVENT WILL HUVR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR YOUR FAILURE TO GAIN ACCESS TO OR USE OF) ANY OF THE SERVICES OR CONTENT, EVEN IF HUVR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. HUVR’S TOTAL AGGREGATE LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED $100.

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT HUVR HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

1. INDEMNIFICATION. You hereby indemnify, defend, and hold harmless HUVR and its Affiliates, employees, agents, contractors, assigns, licensees, and successors in interest (collectively, “Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation against any Indemnified Party arising from your accessing or using any of the Services or Content, or your breach of any of these Terms. HUVR will provide you with notice of any such claim or allegation, and HUVR will have the right to participate in the defense of any such claim at its expense.

1. LINKED SITES. The Services may contain links to third party sites or services that are not under the control of HUVR, and HUVR is not responsible for any content on any linked site or service. If you access a third party site or service through the Services, then you do so at your own risk. HUVR provides links only as a convenience, and the inclusion of the link does not imply that HUVR endorses or accepts any responsibility for the content on those third party sites or services. HUVR welcomes links to its site. You may establish a link to huvr.com, provided that the link does not provide or imply any sponsorship or endorsement of your site by HUVR or any group or individual affiliated with HUVR. You may not use on your site or through your service any Content or Marks in establishing the link. You may not frame or otherwise incorporate into another site or service the Content or other materials provided through the Services without prior written consent.

1. MOBILE SERVICES. The Services may be available on mobile devices and wireless services, or devices linked through Wi-Fi. Your mobile service, Wi-Fi or Internet provider may charge for those services that it provides, which are related to the Services. You should check with your mobile service, Wi-Fi or Internet provider to learn about such charges. By using any of the Services, you agree that HUVR may communicate with you regarding the Services by SMS, text message, email or other electronic means to your mobile device or email address.

1. APP STORES.  You acknowledge and agree that the availability of the Services may be dependent on the third party from which you received the Services, e.g., the Apple iPhone or Android app stores (“App Store”).  You acknowledge and agree that these Terms are between you and HUVR, and not with the App Store, and that HUVR is responsible for the provision of the Services.

1. NOTICES. Except as expressly stated otherwise, any notices required or allowed under these Terms will be given to HUVR by postal mail to the address for HUVR listed through the Services. If applicable law requires that HUVR accepts e-mail notices (but not otherwise), then you may send HUVR an e-mail notice by emailing HUVR at legal@huvr.com. With respect to HUVR’s notices to you, HUVR may provide notice of amendments by posting them through any of the Services and you agree to check for changes. Notice shall be deemed given immediately upon being posted.

1. GENERAL TERMS.

1. Third Party Beneficiaries. HUVR’s Affiliates are intended third party beneficiaries under these Terms with the right to enforce the provisions that directly concern the Services or Content to which they have rights.

1. Assignment. You may not assign, delegate or transfer these Terms or any of your rights or duties hereunder, and any attempt to do so will be null and void.

1. Feedback.  Please do not submit any confidential ideas, information, or suggestions in any form to HUVR or any of its Affiliates.  For any ideas, information, or suggestions you do submit, you understand that your submissions are voluntary and the following terms apply to your submissions: (i) your submissions and their contents will automatically become the property of HUVR, without any compensation to you; (ii) HUVR has no obligation to review your submissions, (iii) HUVR may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation or credit to you; and (iv) HUVR has no obligation to keep your submissions confidential.

1. Integration. These Terms set forth the entire understanding of the parties and supersede any and all prior oral and written agreements or understandings between the parties regarding the subject matter of these Terms. These Terms may not be modified by you except upon written consent of HUVR. The waiver by either party of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach.

1. Severability. If, for any reason, any provision of these Terms shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

1. No Legal Relationship. These Terms and your use of the Services, including the submission of Provided Content, do not, and shall not, be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between you and HUVR or any of its Affiliates.

1. Jurisdiction and Venue. THESE TERMS WILL BE GOVERNED BY THE LAWS OF THE STATE OF COLORADO, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PRINCIPLES (WHETHER OF COLORADO OR ANOTHER JURISDICTION). YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO THE JURISDICTION AND VENUE IN THE STATE COURTS SITTING IN COLORADO SPRINGS, COLORADO, AND THE FEDERAL COURTS SITTING IN DENVER, COLORADO. Any litigation shall proceed solely on an individual basis without the right for any claims to be litigated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. A court’s authority to resolve and make awards is limited to claims between you and HUVR alone. In any dispute, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and expenses from the other party. Notwithstanding anything to the contrary herein, nothing in these Terms is intended to, or does, create a private right of action for any matter for which HUVR provides an internal or arbitral remedy.

1. Void Where Prohibited.  The Services are accessible by users throughout the world.  HUVR products, services and offers may not be available in your state or community.  The information provided through the Services is not an offer of products or services where HUVR is not doing business or where prohibited by law.