Terms of Service


Effective Date: January 1, 2017

These are the Terms and Conditions for the Treehouse ™ mobile application (Application) between you, the user, and Lab465, LLC (Lab465, we, our or us) and consist of (1) a License Agreement and (2) the Terms of Use applicable to the use of the Application and the services (Services) provided by the Application (together, this Agreement).

IMPORTANT – PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING “I HAVE READ AND UNDERSTAND THIS AGREEMENT” AND DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE APPLICATION.

PLEASE NOTE THAT THIS AGREEMENT CONTAINS MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, WHICH MAY LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE. SEE BELOW UNDER “TERMS OF USE – ARBITRATION AND CLASS ACTION WAIVER.” THE TREEHOUSE PRIVACY POLICY SHOULD ALSO BE REVIEWED AS IT CONTAINS INFORMATION ABOUT THE APPLICATION AND APPLICABLE THIRD PARTY’S INFORMATION COLLECTION, USE AND DISCLOSURE POLICIES.

THE APPLICATION WILL ALLOW LAB465 AND THIRD PARTIES TO COLLECT, TRANSFER AND USE INFORMATION ABOUT YOUR DEVICE’S PRECISE LOCATION. PLEASE SEE “Privacy” TERMS OF USE –BELOW FOR MORE INFORMATION.

  1. ELIGIBILITY

The Application is intended for use by persons who are at least 13 years of age and reside in the United States and its territories. At the time you create an account, your date of birth is required to verify user age. If you are under 13 years of age, you may not download and use the Application. If we learn that a user is under 13 years of age, we will terminate that user’s account within the Application. Lab465 complies with the Children’s Online Privacy Protection Rule (COPPA) and does not knowingly target children under the age of 13 with online advertising.

  1. OVERVIEW OF THE APPLICATION

This Application requires you to create a unique account using an email address and a password. This can be obtained through Facebook login if desired. Lab465 may request your phone number as a secondary login or password reset option. Through invitation, you can connect through the use of ’Groups’ which allows you to share user-generated content. You may invite those users and ‘Groups’ with whom you wish to share information and decline invitations as you so choose The Application is not responsible for your selection or the information you share with selected users or ‘Groups.’

  1. LICENSE AGREEMENT
  2. The License.

Subject to the terms of this Agreement, Lab465 grants to you a limited, nontransferable, nonexclusive license (without the right to sublicense) to install and use the Application, in executable object code format only and solely for your personal use, strictly in accordance with the terms and conditions of this Agreement, and all applicable local, state, and national laws and regulations (the License). By using the Application, you represent, warrant and agree that you are using the Application solely for your own personal use and not for redistribution or transfer of any kind. You agree to abide by the rules and policies established from time to time by Lab465 relating to your use of the Application. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Application and obtaining available patches to address security, interoperability or performance issues. If at any time after reviewing the Application you wish to terminate the License, you must un-install and remove the Application from your mobile device(s), and delete any copy in your possession.

Your use of the Application also may be governed by terms and conditions required by (i) the manufacturer and other providers of your mobile device(s) and its hardware and software components, including its operating system; and (ii) the online store or other applicable distributor through which you obtain the Application ((i) and (ii) together being referred to as the Related Agreements). No Related Agreement, however, shall have the effect of limiting, encumbering or otherwise restricting Lab465’s rights and remedies or your obligations under the License, or waiving any restrictions on your rights to use the Application under the License. The License shall not have the effect of limiting, encumbering or otherwise restricting Lab465’s rights and remedies or your obligations under any other agreement between you and Lab465, or waiving any restrictions on your rights under any such agreement.

The License does not allow you to use the Application on any device that you do not own or control, and except as provided in the usage rules of the distribution platform, you may not distribute or make the Application available over a network where it could be used by multiple devices at the same time.

You and Lab465 acknowledge that this Agreement is concluded between you and Lab465 only, and not with the Application’s distribution platform provider. Lab465, and not the Application’s distribution platform provider, is solely responsible for the Application and its content, to the extent provided in this Agreement.

  1. Restrictions.

The rights granted to you in the License are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party or to any mobile device not owned or controlled by you; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Application; (iii) you shall not access the Application in order to build a similar or competitive product or service; (iv) except as expressly stated herein, no part of the Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or other means; (v) you shall not make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (vi) you shall not violate any applicable laws, rules or regulations in connection with your access or use of the Application; (vii) you shall not remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) or legal notices of Lab465 or our licensors; (viii) you shall not use the Application for any purpose for which it is not designed or intended; (ix) you shall not make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time; (x) you shall not use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (xi) you shall not use any proprietary information or interfaces of Lab465 or other intellectual property of Lab465 in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application; and (xii) you shall not circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application. Any use of the Application other than as specifically authorized herein, without the prior written permission of Lab465, is strictly prohibited and will terminate the License. These rights and obligations survive termination of this Agreement.

  1. Ownership.

You acknowledge and agree that the Application, any copies thereof (including without limitation any copy that you download, install, or use on your personal computer or mobile device(s)), and all copyrights, patents, trademarks, branding or logos used in the Application, trade secrets, source and object code, format, directories, queries, algorithms, structure and organization of the Application and other intellectual property rights and proprietary and confidential information rights associated therewith are, and shall remain, the property of Lab465 or our licensors. Lab465 and our licensors reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to the Application (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly authorized by Lab465 herein, you are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this Agreement are hereby reserved and retained by Lab465 and our licensors. These rights and obligations survive termination of this Agreement.

  1. Versions.

Lab465 may release updated versions of the Application from time to time. Certain features of the Application may only be available by using the most up-to-date version of the Application. In addition, information contained in versions of the Application other than the most up-to-date version may not be accurate. You are encouraged to promptly update your Application when new versions are released.

  1. TERMS OF USE
  2. Registration; Your Account.

The Application requires that you register and create an account (Account). There is no registration fee required to use the Application. When you register, you agree to: (i) provide accurate, current and complete information about yourself as prompted by the registration form; and (ii) provide us with updates and maintain the accuracy and completeness of such information. Please also see “Eligibility” above for a description of those who are permitted to use the Application.

You may also be able to sign in and create your Account through an account you already have with another service, such as Facebook.

Treehouse may request your phone number as a secondary login or password reset option.

You have the right to cancel your Account at any time.

  1. Password and Security.

You are responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your Account. You agree to immediately notify Lab465 of any unauthorized use of your Account. Lab465 will not be liable (to you or any third party) for any loss or damage arising from or related to the unauthorized use of your Account or the Application on your mobile device.

  1. Access.

You are responsible for obtaining access to the Application and the Services, and you are responsible for paying any third party fees associated with such access. You are also responsible for paying your wireless services bill and for all standard data charges and standard messaging charges that may apply.

In addition, you must provide and are responsible for all equipment necessary to access the Application.

Lab465 does not ensure the availability of this Application. Many features of this Application will undergo changes and may be unusable at times

  1. Compliance with Law.

You may use the Application and Services only as permitted by law. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained.

  1. Appropriate Conduct.

Your ability to use the Application is expressly conditioned upon your compliance with this Agreement and with all policies and guidelines applicable to the Application that Lab465 may make available from time to time (including any third party terms and conditions expressly noted herein). In the event of your non-compliance, fraud or other inappropriate activity (as determined by Lab465 in our sole discretion), Lab465 may cancel your Account and/or restrict, limit, block and prevent your access to some parts of the Application or the Application in its entirety.

You agree to use the Application in good faith. You will not provide false or misleading data or information.

  1. User Content.

You may provide information to Lab465 or third parties in connection with your use of the Application, including providing feedback or other content (User Content). By providing User Content, you represent and warrant that you have the lawful right to provide it and that is accurate and complete.

You hereby grant Lab465 a non-exclusive, sub-licensable, world-wide, fully-paid, royalty free license to use, modify, perform, store, publicly display, reproduce and distribute and/or incorporate User Content in any media without the requirement to make any payment to you or to any third party or to seek any consent.

You agree that the License includes the rights of others who use the Services to access and use the User Content of others, such as recipes and photos for their own purposes.

You must not provide any User Content or otherwise make use of the Application that:

1) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

2) impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;

3) forges headers or otherwise manipulates identifiers in order to disguise the origin of any User Content;

4) makes available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information or information learned or disclosed as part of employment relationships or under nondisclosure agreements);

5) transmits any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

6) interferes with or disrupts the Application servers or networks connected to the Application, or disobeys any requirements, procedures, policies or regulations of networks connected to the Application; or

7) in the sole judgment of Lab465 is objectionable, does not reflect your good faith efforts to be responsive to a survey or which may expose Lab465 or our licensors to liability of any type.

You acknowledge and agree that Lab465 may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Lab465, our users or the public.

Additional User Content: You may use the Application to store, organize and share User Content with ‘Groups.’ User Content may include but is not limited to: posts, comments, task lists, calendar events, photos, videos, recipes, coupons and shopping lists.

Lab465 will not be held liable for any damages resulting from the use of this Application, lack of availability or access to this Application, or loss of data on our server(s) or databases. Keep your own backup copies of any important information you place in the Application.

Recipes: The Application allows for recipe submission. You may select to make your submitted recipes ‘private’ to only you and your ‘Group.’ If you do not select to make your submitted recipes ‘private,’ they may be made available to Lab465 and its licensors. Unless designated as ‘private,” submitted recipes may be modified, added to the database of recipes in the Application and recommended to others. Lab465 does not guarantee that user submitted recipes will be made available to others. Consumer-friendly language, instructions and visually appealing photographs may help recipe acceptance.

Preference Selections: The Application allows you to provide information to help provide you with meal planning. Such information may include but is not limited to food likes and dislikes, allergies (peanut, shellfish, etc.), health concerns, and diet type (low carb, low sodium, etc.). We will make every reasonable effort to ensure recommendations meet your preferences. Lab465, however, makes no guarantee that recommendations will adhere to your preferences. Lab465 may not be held liable for incorrect recommendations. You should always read the contents of recipes carefully and determine if it meets your dining requirements. Your use of the Services is at your sole discretion and risk. The content, including the recipes and all related information and commentary made available through the Services, is for informational purposes only and is not intended to be (and does not constitute) dietary advice or recommendations specifically for you. No meal recommendations or information obtained through the Services will create any warranty not expressly made herein.

Imported User Content: The Application may allow you to import information from other applications including but not limited to Pinterest, your calendars and contacts. Lab465 considers imported content the same as other User Content. All of the Terms and Conditions applicable to User Content apply to content you import from other applications and submit to the Application. If you import content from another application or a third party website or service, you do so at your own risk and you agree that Lab465 will have no liability arising from your use of, or access to, any such imported content.

  1. Term, Modifications to the Services and Termination.

This Agreement is effective on the date you accept it and shall continue in effect while you use the Services. Lab465 reserves the right at any time and from time to time, in our sole discretion, to modify or discontinue, temporarily or permanently, the Application. Accordingly, Lab465 may terminate this Agreement and the License at any time. You agree that Lab465 shall not be liable to you or to any third party for any modification, suspension or termination of the Application, loss of content or this Agreement.

Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately.

If at any time you wish to terminate the License, you must un-install and remove the Application from your mobile device(s), and delete any copy in your possession.

Even after this Agreement is terminated, any provisions of this Agreement, which by their express language or by their context are intended to survive the termination of this Agreement (including without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty and ownership of intellectual property), shall survive such termination.

Any new services provided by Lab465 or features that augment or enhance the current Application shall be subject to this Agreement, unless explicitly stated otherwise.

Lab465’s decision is final and binding in all matters relating to this Agreement.

  1. Proprietary Rights.

The Application and all content and other materials contained on or within the Application, including without limitation, all information, content, designs, text, graphics, information, data, software, surveys, offers, music trademarks, product or service names, logos, slogans other files, and the selection and arrangement thereof (collectively, the Lab465 Content), are the proprietary property of Lab465 (and our suppliers and licensors) and are protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Lab465.

You agree not to download, display or use any Lab465 Content located on the Application for any commercial purpose, in connection with products or services that are not those of Lab465, in any manner that is likely to cause confusion among consumers, that disparages or discredits Lab465 and/or our licensors, that dilutes the strength of Lab465’s or our licensor’s property, or that otherwise infringes Lab465’s or our licensor’s intellectual property rights. You further agree to in no other way misuse any Lab465 Content or Third Party Content (as defined below in “Terms of Use — Third Party Content and Products”) that appears on the Application.

Except where otherwise specified, Treehouse™ and its associated artwork and design are trademarks and copyrights of Lab465.

  1. Privacy

The 

    Treehouse Privacy Policy

contains information about the Application and applicable third party’s information collection, use and disclosure policies. As described in the Treehouse Privacy Policy, the Application will allow third parties to collect, use and transfer information from your device, including your device’s advertising ID, for the purposes of providing you with content that may be of interest to you. If you do not agree to this collection, transfer and use, you should not use and should un-install the Application from your device. You may download AppChoices, a mobile application provided by the Digital Advertising Alliance, and place restrictions on advertisers. Note that this could impact the value of advertising or other content you display.

  1. Location Data

The Application will allow Lab465 and third parties to collect, transfer and use information about your device’s precise location. This information is necessary to provide content that is relevant to you based on where you use the Application. Please see the 

 for more information. If you do not agree to this collection, transfer and use, you may disable location-based services in your device settings. Use of location is not required for the Application, however failure to provide it will limit relevant content and functionality of the Application. 

         

  1. Zip Code Data

The Application requires your Zip Code to be entered upon Account creation. This is used to enhance both the functionality of the Application and the content displayed.

  1. Disclaimer of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(1) YOUR USE OF THE APPLICATION AND THE SERVICES ARE AT YOUR SOLE RISK.THE APPLICATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LAB465 AND OUR LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND QUIET ENJOYMENT. LAB465 DOES NOT WARRANT UNINTERRUPTED USE, OPERATION OR AVAILABILITY OF THE APPLICATION OR SERVICES OR ANY LAB465 CONTENT OR THIRD PARTY CONTENT, OR THAT ANY TRANSACTION REQUEST WILL BE SUCCESSFUL OR COMPLETED WITHIN A REASONABLE AMOUNT OF TIME.

(2) LAB465 AND OUR LICENSORS MAKE NO WARRANTY (AND ASSUME NO OBLIGATION) that (i) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (iii) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (iv) ANY SOFTWARE DOWNLOADED TO A MOBILE DEVICE, OR ANY INFORMATION READ FROM OR WRITTEN TO A MOBILE DEVICE, WILL NOT ADVERSELY AFFECT THE PERFORMANCE, OPERATION, WARRANTY OR ANY OTHER ASPECT OF THE MOBILE DEVICE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE APPLICATION, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DOWNLOAD.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LAB465 OR THROUGH OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

  1. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LAB465 AND OUR AFFILIATES AND LICENSORS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL OR BODILY INJURY, SICKNESS RESULTING FROM RECIPE PREPARATION, CONSUMPTION, OR EMOTIONAL DISTRESS, LOSS OF PROFITS, GOODWILL, USE, LOSS OF DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LAB465, OUR AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO THIS AGREEMENT, THE APPLICATION OR THE SERVICES, INCLUDING WITHOUT LIMITATION: (i) THE USE OR THE INABILITY TO USE THE APPLICATION OR SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER CONTENT; (iii) LOSS OR DELETION OF ANY OF USER CONTENT; (iv) STATEMENTS, CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION; (v) MISTAKES, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS OR ANY OTHER FAILURE OF PERFORMANCE; OR (vi) ANY OTHER MATTER RELATING TO THE APPLICATION OR THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF LAB465, OUR AFFILIATES AND LICENSORS FOR ANY CLAIM UNDER THIS AGREEMENT OR RELATING TO THE APPLICATION OR THE SERVICES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, INCLUDING FOR ANY IMPLIED WARRANTIES, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR APPLICATION, IS LIMITED TO THE AMOUNT, IF ANY, PAID TO LAB465 TO USE THE SERVICES AND APPLICATION. IN ALL CASES, LAB465, OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of this Agreement between Lab465 and you. Lab465 would not be able to provide the Application on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Lab465, its affiliates and licensors.

  1. Indemnity.

You agree to indemnify and hold Lab465 and our affiliates and affiliates, and their respective officers, employees, agents and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to any User Content or Third Party Content you transmit through the Application, your use of the Application, your violation of this Agreement or your violation of any rights of a third party.

  1. Third Party Content and Products.

The Application contains links, content and services provided by third parties, which may include advertisements, video, surveys and offers (collectively, Third Party Content). Information that you submit to a third party application or website that you link to from or within the Application (collectively, Third Party Sites) is subject to the terms of that application’s or website’s privacy policy. Lab465 does not have control over the privacy policies or practices of such third parties. Lab465 is not responsible for the loss of any data or information (including, without limitation, payment card information) that you provide to any Third Party Sites.

Lab465 does not monitor or have control over Third Party Content or Third Party Sites. Lab465 does not endorse or adopt any Third Party Content or Third Party Sites and can make no guarantee or warranty as to their accuracy, reliability, safety or completeness. Lab465 undertakes no responsibility to review any Third Party Content or Third Party Sites. Your use of any Third Party Content or Third Party Sites is at your own risk.

You further acknowledge and agree that Lab465 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Content or Third Party Sites.

  1. Modification of this Agreement.

This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by (i) prominently posting notice of the changes on the Application’s website, (ii) contacting you or using Account information and/or (iii) providing notice of the changes through the Application. Any changes to this Agreement will be effective immediately upon our posting them on the Application’s website or making the updated version of this Agreement available to you through the Application, unless we notify you otherwise. Continued use of the Application and the Services following the posting or notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. You should frequently review this Agreement and the aforementioned other applicable agreements and policies on the Lab465 website and/or the Application’s website. If you do not agree to the amended terms, you must stop using and un-install the Application.

  1. General.

This Agreement and the relationship between you and Lab465 shall be governed by the laws of the State of Illinois, excluding any conflicts of law provisions. Lab465 does not consent to the jurisdiction of all states or state courts merely by virtue of maintaining and operating the Services and providing other content and information on the World Wide Web.

The failure of Lab465 to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision, nor in any way to affect the validity of this Agreement or any part hereof or the right of Lab465 thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

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 Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Any notices intended to have legal effect: (i) to you may be made via email, SMS, regular mail or through the Services and (ii) to Lab465 must be made by delivery receipt-requested mail at Lab465 headquarters at 8410 W. Bryn Mawr Ave., Chicago, IL 60631, ATTN: Legal Department.

The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. If any provision of this Agreement is found to be contrary to law, then such provision shall be construed as nearly as possible to reflect the intention of the parties, with the other provisions remaining in full force and effect.

This Agreement (together with all Related Agreements) constitutes the entire agreement between the parties pertaining to the subject matter hereof.

The failure of Lab465 to comply with this Agreement because of any reason beyond the reasonable control of Lab465 shall not be deemed a breach of this Agreement.

  1. Export.

The Application is subject to the export control laws and regulations of the United States and other jurisdictions. You agree to comply with all such laws and regulations.

  1. Arbitration and Class Action Waiver.

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION AT THE REQUEST OF EITHER PARTY, TO BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). 

WE SHALL BE FULLY RESPONSIBLE FOR FILING, ADMINISTRATION AND ARBITRATOR FEES AND WE WILL ADVANCE, OR REIMBURSE YOU FOR, ANY REASONABLE FILING, ADMINISTRATION AND ARBITRATOR FEES FOR ANY ARBITRATION INITIATED IN ACCORDANCE WITH THIS PARAGRAPH. WE WILL REIMBURSE YOU FOR YOUR REASONABLE ATTORNEYS’ FEES AND COSTS IF THE ARBITRATOR AWARDS YOU AN AMOUNT EQUAL TO OR GREATER THAN THE AMOUNT YOU HAVE DEMANDED IN SUCH ARBITRATION. 

THE AMERICAN ARBITRATION ASSOCIATION SHALL ADMINISTER THE ARBITRATION AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. BOTH PARTIES ACKNOWLEDGE THAT THIS AGREEMENT IS A TRANSACTION INVOLVING INTERSTATE COMMERCE, AND IS THEREFORE GOVERNED BY THE FEDERAL ARBITRATION ACT. BY AGREEING TO ARBITRATION, BOTH PARTIES ARE WAIVING THEIR RIGHT TO LITIGATE IN COURT INCLUDING ANY RIGHT TO A JURY TRIAL. 

UNLESS YOU AND WE OTHERWISE MUTUALLY AGREE, ALL HEARINGS UNDER SUCH ARBITRATION SHALL TAKE PLACE IN THE COUNTY OF YOUR BILLING ADDRESS. AT YOUR OPTION, YOU MAY BRING AN ACTION AGAINST US IN SMALL CLAIMS COURT, NOTWITHSTANDING THIS AGREEMENT. THE PARTIES AGREE THAT ALL CLAIMS, WHETHER IN ARBITRATION OR IN SMALL CLAIMS COURT, SHALL BE TREATED INDIVIDUALLY AND THERE SHALL BE NO CONSOLIDATION OF CLAIMS, CLASS ACTIONS, REPRESENTATIVE ACTIONS OR PRIVATE ATTORNEY GENERAL ACTIONS. LAB465 EXPRESSLY REJECTS AND DOES NOT CONSENT TO ANY CONSOLIDATION OF CLAIMS OR CLASS ACTION IN THE ARBITRATION. 

THIS ARBITRATION AGREEMENT SURVIVES THE TERMINATION OF THIS SERVICE AGREEMENT. 

FOR ADDITIONAL INFORMATION ON COMMENCING ARBITRATION AND HOW THE ARBITRATION PROCESS WORKS, YOU MAY CALL THE AMERICAN ARBITRATION ASSOCIATION AT 800-778-7879 OR VISIT THEIR WEBSITE AT WWW.ADR.ORG.

  1. Information or Complaints.

Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please send an e-mail to the e-mail address listed below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Contact Information:

Lab465, LLC

8410 W. Bryn Mawr Ave.

Chicago, IL 60631

Email: admin@lab465.com

 

  1. Copyright Policy. 

We respect the intellectual property rights of others and we expect you to do the same. We prohibit you and other users of our services to unlawfully upload, post, transmit, store or otherwise make available any materials that violate another party’s intellectual property rights, including copyrighted material. When we receive proper Notice of Alleged Copyright Infringement as set forth below and we have a reasonable belief, in our sole discretion, that you have violated this copyright policy, we may take any action we deem appropriate. We will promptly remove or disable access to the allegedly infringing material in accordance with the Digital Millennium Copyright Act (DMCA), and other applicable laws. We also reserve the right, in our sole discretion, to notify, suspend or terminate the user or account holder who is deemed to infringe on other’s intellectual property rights, whether or not there is any repeat infringing. These actions are in addition to and not instead of any and all other remedies that we many have against you under the law.

Notification

If you believe that any of your own copyrighted work has been copied in any way that constitutes infringement, you may provide a Notice of Alleged Copyright Infringement to our Designated Copyright Agent with the following information:

  1. a description in sufficient detail of the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material
  2. identification of a specific location either on the Application or Service (including URL if possible) that contains the material you claim infringes on your copyright
  3. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted material
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
  5. a statement by you under penalty of perjury that the information contained in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
  6.  information sufficient to permit Lab465 to contact you, such as an address, telephone number and, if available, an email address

You may submit your Notice of Alleged Copyright Infringement to our Designated Agent by mail or email as set forth below:

Lab465, LLC
Designated Copyright Agent
Suite 700
8410 W. Bryn Mawr Ave.
Chicago, IL 60631

Email: copyrightagent@thetreehouseapp.com

Upon receiving a proper Notice of Alleged Copyright Infringement as described above, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.

Note: You may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that content on our website or service is copyright infringing. Filing a false claim constitutes perjury.

Counter Notification.   If you believe that your own copyrighted work has been removed or disabled from the Application or Service as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to the Digital Millennium Copyright Act (DCMA). The Counter Notification must include the following information:

  1. a description of the copyright work that has been removed or disabled and the location at which the material appeared before it was removed or access to it was disabled
  2. a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
  3. 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 your address is outside the United States, for any judicial district in which the service provider can be found
  4. a statement that you will accept service of process from the person who provided the Notice of Alleged Copyright Infringement or the party’s agent
  5. your physical or electronic signature
  6. your name, address and telephone number

You may submit your Counter Notification to our Designated Agent by mail or email at the addresses set forth above. If you send a valid Counter Notification, we will replace the removed material or cease disabling access to the material after 10 business days, but no later than 14 business days, following receipt of the Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notice of Alleged Copyright Infringement informing us that such party has filed a court action restraining you from engaging in infringing activity related to the material in the original Notice.

Note: You may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that content on our website or service is copyright infringing. Filing a false claim constitutes perjury.

 

  1. Terms for Apple or iOS Devices.

Warranty: In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Application to you. To the maximum extent of the law, Apple will have no other warranty obligation whatsoever with respect to the Application. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the responsibility of Lab465, not Apple, subject to the limitations set forth herein.

Intellectual Property Rights: In the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Product Claims: You and Lab465 acknowledge that Lab465, not Apple, is responsible for addressing any claims made by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Third Party Beneficiary: You and Lab465 agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.

Maintenance and Support: You and Lab465 acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.