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UNINTERRUPTED, THAT THE INTERNET WILL BE AVAILABLE, THAT ERRORS IN THE APP WILL
BE CORRECTED OR THAT YOUR COMMUNICATIONS WILL BE SECURE OR DELIVERED TO YOUR
RECIPIENTS, WHETHER THEY ARE YOUR INTENDED RECIPIENTS OR OTHERWISE, OR THAT
YOUR INFORMATION STORED AND/OR ARCHIVED IN THE APP OR ON OUR SERVERS WILL BE
AVAILABLE, ACCESSIBLE, SECURE AND/OR ACCURATE. THE ENTIRE RISK ARISING OUT OF THE
USE OR PERFORMANCE OF THE APP REMAINS WITH YOU, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusions or limitations set
forth above and therefore may not apply to You. Directions for use Appendix 31 DISCLAIMER OF
LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE
DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY LOSS OR DISCLOSURE
OF YOUR INFORMATION, ANY FAILURE TO MAKE YOUR INFORMATION AVAILABLE TO YOU,
INTERRUPTION OF SERVICE, MOBILE DEVICE FAILURE, DATA USAGE CHARGES, OR
PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE APP, WHETHER BASED
ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND
AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY
DEFECT IN OR DISSATISFACTION WITH THE APP IS TO UNINSTALL AND CEASE USE OF THE
APP. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ANY AND ALL DAMAGES EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).
Export Regulation. The App may be subject to United States export control laws, including the Export
Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or
release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export,
or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws,
regulations, and rules, and complete all required undertakings (including obtaining any necessary export
license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making
the App available outside the United States.
Governing Law. These Terms and Conditions are governed by and construed in accordance with the
internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of or related to these Terms and Conditions or the App
shall be instituted exclusively in the federal courts of the United States or the courts of the State of New
York, in each case located in the City of Syracuse and the County of Onondaga. You waive any and all
objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING
OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE APP MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES
OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement. These Terms and Conditions and Our Privacy Policy constitute the entire agreement
between You and Us with respect to the App and supersede all prior or contemporaneous understandings
and agreements, whether written or oral, with respect to the App. Waiver. No failure to exercise, and no
delay in exercising, on the part of either party, any right or any remedy hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise of any right or remedy hereunder preclude further
exercise of that or any other right or remedy hereunder. In the event of a conflict between these Terms
and Conditions and any applicable purchase or other terms, these Terms and Conditions shall govern.