THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ACTIVITY ROCKET LLC ("ACTIVITY ROCKET"). BY USING THE SERVICE, YOU SIGNIFY YOUR AGREEMENT WITH THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT, WHETHER OR NOT YOU ARE A REGISTERED MEMBER OR USER. ANY REFERENCE TO "Activity Rocket" OR "The Rocket" IN THIS AGREEMENT INCLUDES ANY DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OWNERS, AGENTS, LICENSORS OR LICENSEES OF ACTIVITY ROCKET. AS USED IN THIS AGREEMENT, THE WORDS "YOU" AND "YOUR" REFER TO YOU AS THE PARTY AGREEING TO THE TERMS AND CONDITIONS TO USE THE SERVICE; THE WORDS "WE", "US", "OUR" AND ANY OTHER VARIATION THEREOF REFER TO ACTIVITY ROCKET.
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
Activity Rocket provides you with access to an online network that enables you to search, find and compare enrichment activities for children provided by activity providers in Montgomery County Maryland; organize your schedule; securely share your schedule with other individuals selected by you; rate the activity providers and view ratings submitted by others; receive email communications from us and other businesses, including activity providers; as well as receive discounts, special deals, etc offered by activity providers and other local businesses (the "Service"). You do not have to create a Rocket Profile or be a member to use the Service; however, only registered users can access and use all services and features of the Service. Creating a Profile as a registered user is free.
In order to provide you with the Service, Activity Rocket will collect the information necessary to provide the Service. You agree that your provision of personal information is your signature and authorization for Activity Rocket to use that information in order to provide the Service. If you grant access to the information to others, you also explicitly authorize those third parties to access and use your personal information on your behalf based on your relationship with that third party. If you are the third party receiving such information, you warrant that you have established legal relationship to access and use such information.
MEMBER ACCOUNT, PASSWORD AND SECURITY
To create a Rocket Profile and register with the Service, you will create a password. You will access your account by providing your email address (which is also your username) and your password. You hereby confirm that you are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password or account.
You agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Activity Rocket, to keep it accurate, current and complete; (d) be fully responsible for all use of your account and for any actions that take place using your account; (e) notify us immediately of any unauthorized use of your password or account, or if you believe your password has been lost or stolen or any other breach of security; and (f) accept responsibility for all usage of the Service and any fees associated with use of other services accessed through the Service on your account whether or not authorized by you.
By creating a Profile, you agree to receive certain communications in connection with the Service. You can opt-out of any non-essential communications by emailing firstname.lastname@example.org. Activity Rocket cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Service, you represent and warrant to Activity Rocket that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted or shared by you on or through any Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. In addition, you agree not to use the Service or the Site to:
* harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; * use automated scripts to collect information from or otherwise interact with the Service or the Site; * upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; * register for more than one user account (Rocket Profile), register for a user account (Rocket Profile) on behalf of an individual other than yourself, or register for a user account (Rocket Profile) on behalf of any group or entity; * impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; *write a fake or defamatory review, trade reviews with other businesses, or write a review that you were paid for either directly or indirectly by the business being reviewed or by a competing business for a negative review of any kind; * upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; * upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; * solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; * upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; * intimidate or harass another; * upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; * use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site. * upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Activity Rocket, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
USER CONTENT POSTED ON THE SITE (including but not limited to ratings posted by You)
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site and/or any Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, the foregoing of which is subject to privacy restrictions that may apply from time to time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that we may retain archived copies of your User Content.
By sending us feedback, ideas, suggestions, proposals, complaints, etc. you agree that such feedback does not contain the confidential or proprietary information of third parties; that we are under no confidentiality obligation express or implied with respect to the feedback; that we may have similar ideas etc already under development; and you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the feedback provided.
Activity Rocket and its licensees may display advertisements and other information adjacent to or included with User Content on the Site. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
THIRD PARTY WEBSITES AND CONTENT
The Site contains (or you may be sent through the Site or any Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site and/or any Service or any Third Party Content posted on, available through or installed from the Site and/or any Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any site to which you navigate from the Site.
THIRD PARTY TRANSACTIONS AND INTERACTIONS
You are solely responsible for your interactions with other Activity Rocket users. We reserve the right, but have no obligation, to monitor disputes between you and other users. If you have a dispute with another user relating to the Site and/or Service, you release Activity Rocket, its affiliates and successors and each of their managers, members, officers, employees, agents, advertisers and licensees from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
This Agreement will be in effect as long as the Service is provided. Either you or Activity Rocket may terminate this Agreement at any time with or without notice. The provisions and all obligations of and restrictions on you and any user of your account with respect to the Service shall survive any termination of this Agreement. You agree that Activity Rocket, in its sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if Activity Rocket believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Activity Rocket may also, in its sole and absolute discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Activity Rocket may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files or the Service by you. Further, you agree that Activity Rocket shall not be liable to you or any third party for any termination of your access to the Service.
You agree to indemnify and hold Activity Rocket, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.
Activity Rocket uses commercially reasonable efforts to maintain the accuracy of data provided by the Service; however, notwithstanding the foregoing, Activity Rocket makes no representation or warranty of any kind whatsoever as to the accuracy, truthfulness, usefulness, timeliness or completeness of any of the content provided in the Site. Further, any information accessible or made available through this Site may contain errors, defects or be unreliable, and Activity Rocket makes no effort to review, check or verify information accessible or made available through this Site. Activity Rocket assumes no responsibility for the accuracy, truthfulness or usefulness of the information or other content on this Site or accessible though this Site, and Activity Rocket shall have no responsibility to correct or update any data, information or content on this Site. You assume full and complete responsibility for reviewing and verifying any and all data, information, and content, including without limitation its usefulness, truthfulness, accuracy, completeness or currency. You are responsible for verifying the accuracy, completeness, truthfulness, timeliness, usefulness and value to you to whatever extent you deem necessary, and you shall indemnify and hold Activity Rocket, its agents, employees, officers, directors, partners, subsidiaries and affiliates harmless from and against any and all liability, loss, damage, claim, cost, expense, including, without limitation, attorneys and accountants' fees and costs caused by your reliance on any content contained on this Site or accessible or made available through this Site.
THE SERVICE, INFORMATION, DATA, FEATURES AND ALL CONTENT, IS OFFERED AND MADE AVAILABLE HEREIN ON AN "AS IS" BASIS. IN NO EVENT SHALL ACTIVITY ROCKET BE LIABLE TO YOU, YOUR COMPANY, EMPLOYEES, AGENTS, THIRD PARTIES, ASSOCIATES, PARTNERS, OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OR IMPAIRMENT OF USE, DATA, OR PROFITS, YOU OR ANYONE ELSE MAY INCUR RELATING TO YOUR USE OR ACCESS TO THIS SITE, OR THE USE OR ACCESS HERETO BY ANYONE ELSE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND AS A CONDITION TO USE OR ACCESS ANY SUCH INFORMATION, YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE OR ASSERT AGAINST ACTIVITY ROCKET RELATING DIRECTLY OR INDIRECTLY TO ACCESSING OR USING OR RELIANCE UPON ANY SUCH INFORMATION OR DATA BY YOU OR ANYONE ELSE. THE TERM "DAMAGES' AS USED HEREIN INCLUDES, WITHOUT LIMITATION, ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, CLAIM, FOUNDED OR UNFOUNDED, EXPENSE, FEE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ATTORNEYS OR ACCOUNTANTS FEES.
ACTIVITY ROCKET MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING ANY CONTENT CONTAINED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, SERVICE, NEWS, DATA, INFORMATION OR CONTENT OF ANY KIND, OF THE USEFULNESS, RELIABILITY, TRUTHFULNESS, ACCURACY, TIMELINESS OR COMPLETENESS TO YOU OR ANYONE ELSE, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR USE, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, OR WARRANTY OF ANY KIND.
ACTIVITY ROCKET MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THIS SITE OR ANY CONTENT HEREIN ARE FREE OF OR FROM TECHNOLOGICALLY UNSTABLE FILES OR CHARACTERISTICS, OR BUGS, VIRUSES, ERRORS, DEFECTS, PROBLEMS, TROJAN HORSES, WORMS, OTHER LIMITATIONS OR OTHER CODES OR DEFECTS THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES OR CHARACTERISTICS OR ADVERSE EFFECTS ON YOUR SOFTWARE OR HARDWARE. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR USE OR RELIANCE UPON THIS SITE OR ANY INFORMATION OR DATA SET FORTH HEREIN.
ACTIVITY ROCKET MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING THE QUALITY OR REPUTATION OF ANY ACTIVITY OR OF ANY PROVIDER OF SUCH ACTIVITY WHOSE DATA IS LISTED ON THE SITE. IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE REPUTATION AND DATA OF ANY ACTIVITY PROVIDER SELECTED BY YOU. ACTIVITY ROCKET DOES NOT INVESTIGATE ANY PROVIDER FOR ANY REASON PRIOR TO INCLUSION OF THEIR DATA ON THE SITE.
ACTIVITY ROCKET MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF ANY BUSINESS LISTED, MENTIONED, RATED OR ADVERTISED ON THE SITE; ACCORDINGLY ACTIVITY ROCKET IS NOT RESPONSIBLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE FOREGOING OR THE SAFETY OR SECURITY OF THE THIRD PARY BUSINESS SERVICE PROVIDED.
IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY FEATURES OR INFORMATION HEREIN OR ACCESSIBLE HEREFROM, OR ANY OF THE AGREEMENT, OR OPERATION OF THE SITE OR ANY OF ITS FEATURES, YOUR SOLE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND ITS FEATURES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACTIVITY ROCKET SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (EVEN IF ACTIVITY ROCKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING IN CONNECTION WITH THIS SERVICE OR ANY LINKED SITE OR USE THEREOF OR ANY ACTIVITY PARTICIPATED IN BY YOUR CHILD OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, NETWORK OR SYSTEM FAILURE OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE TIMELINESS OR ACCURACY OF SERVICE (iii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (vi) THE PARTICIPATION BY YOU OR YOUR CHILD IN ANY ACTIVITY LISTED ON THE SITE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail of their essential purpose, you expressly agree that under no circumstances shall Activity Rocket's total liability to you or any party claiming by, through or under you for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence or strict liability, in the aggregate, exceed $500 (U.S.). If your Account Login Information is improperly disclosed to a third party without your consent, and this disclosure is the direct result of Activity Rocket's gross negligence in operating the Service, then you and Activity Rocket agree that Activity Rocket's liability for your direct and actual damages in this circumstance shall not, in the aggregate, exceed $500 (U.S.).
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REMEDIES OF USER
Your sole and exclusive remedy for any failure or non-performance of the Service including any associated software or other materials supplied in connection with the Service shall be for Activity Rocket to use commercially reasonable efforts to effectuate an adjustment or repair of the Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
MODIFICATIONS TO SERVICE
Activity Rocket reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Activity Rocket shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service may provide, or third parties may provide, links to other sites or resources. Because Activity Rocket has no control over these sites and resources, you acknowledge and agree that Activity Rocket is not responsible for the availability of these external sites or resources, and has not and does not endorse, review or approve, and is not responsible or liable for any content, advertising, products, or other materials on or available from these sites or resources. You link to other sites at your own risk.
All content on this Service, including, without limitation, any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, lay out, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, and all intellectual property of any kind whatsoever, is owned exclusively by Activity Rocket and is protected by U.S. and international copyright and intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no content on this Service may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of Activity Rocket.
Registered trademarks have been applied for Activity Rocket and other Company graphics, logos, designs, page headers, button icons, scripts and service names in the U.S. and/or other countries. Activity Rocket' trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Activity Rocket.
Activity Rocket grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer and access the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Activity Rocket for use in accessing the Service.
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that Activity Rocket may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Activity Rocket violates this Agreement or the Activity Rocket Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Activity Rocket.
The Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
Any feedback, questions, comments, suggestions, ideas or the like, which you send to Activity Rocket will be treated as being non-confidential and nonproprietary. Activity Rocket will also be free to use any ideas, concepts, know-how or techniques contained in all the information you provide, upload or post to the Site for any purpose, whatsoever, including, but not limited to, developing, manufacturing and marketing products and services incorporating all information. Any submission to this Service shall be deemed and remain the property of Activity Rocket. Activity Rocket shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information that you provide us.
All product and service marks contained on or associated with the Service that are not Activity Rocket Marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party site or information do not necessarily constitute or imply Activity Rocket's endorsement, sponsorship or recommendation of the third party, information, product or service.
The Service may includes certain services that are available via your mobile phone, including but not limited to the ability to browse Activity Rocket from your mobile phone ( "Mobile Services"). We do not intend to charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
NOTICES, JURISDICTION AND GOVERNING LAW
Notices to you may be made via mail or email. The Service may also provide notices of changes to the Agreement, Service or other matters by displaying notices or links to notices generally on the Service. This Agreement shall be deemed and treated as though they were entered into, executed, and performed solely in Maryland, and the laws of the State of Maryland, without regard for conflict of law rules thereof, apply to all matters relating to use of this Service and shall without limitation govern this Agreement. You agree by use of this Service you do hereby submit to jurisdiction of the courts of Maryland with appropriate subject matter jurisdiction and that any conflict brought or filed with respect to use of this Service or concerning this Agreement shall be brought in a court of competent jurisdiction in Montgomery County, Maryland. In any legal action relating to enforcement or breach of this Agreement, the prevailing party shall be entitled to recovery of costs, fees and expenses of any action, including, without limitation, attorney fees and accounting fees.
This Agreement shall be interpreted according to their fair meaning and shall not be interpreted strictly against or for either party. This Agreement constitutes the entire agreement with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether, electronic, oral or written, between Activity Rocket and the user of this Service. Headings used herein are for convenience only and shall not limit, control or add to the meaning of any term, provision or condition. Activity Rocket may notify user in writing or electronically either of which shall be deemed fully and completely adequate and effective to notify user of the contents therein at the time sent to the last address or email address supplied by user in writing or electronically to Activity Rocket.