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Ownership and Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the use of the OH CRAP application (the “App”) by Oh Crap, LLC, an Iowa limited liability company having a principal place of business at 440 Fairway, West Des Moines, IA, 50266 (“OC”), its subsidiaries and affiliates. This App is the property of OC. By using this App, you agree to the Terms of Use. IN NO WAY DOES YOUR USE OF THE APP AMOUNT TO LEGAL ADVICE OR REPRESENTATION BY OC.

OC reserves the right, as its sole discretion to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Continued use of the App following any posting of changes means that you accept and agree to the changes. In exchange for compliance with the Terms of Use of this App, OC grants you a personal, non-transferable, non-exclusive, limited right to enter and use the App.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the App is owned, controlled or licensed by or to OC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws to the extent any exist.

Except as expressly provided in these Terms of Use, no part of the App and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web App or other medium for publication or distribution or for any commercial purpose, without OC’s express prior written consent.

You may use information on OC products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by OC for downloading from the App, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Use of the App

The App is intended for your personal use only. By using the App, you agree OC is not providing legal advice or representing you in any legal matter and is not liable for any results of any referral you may receive through the App. Using the App is not a guarantee of any legal result and is for informational purposes only. Unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any OC server, or to any of the services offered on or through the App, by hacking, password “mining” or any other illegitimate means is strictly prohibited. In the event you attempt unauthorized access through any of the above-mentioned means, your right to use and access the App will be immediately terminated.

You may not probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the App, or any other customer of OC, including any OC account not owned by you, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the App.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App or OC’s systems or networks, or any systems or networks connected to the App or to OC.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any transaction being conducted on the App, or with any other person’s use of the App.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to OC on or through the App or any service offered on or through the App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the App or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of OC or others.

Use of Crap Chat Function

OC reserves the right to change and modify this site at any given time without notice. By using this site subsequent to the revision of the term of use, you agree to be bound by such changes. If you do not accept these terms, you must immediately terminate your use of this web site.

  • Any and all images, text, documents, comments and graphics published by or submitted to the Oh Crap App, including to any chat or other communication services or platforms, are not verified for accuracy by OC. OC does not fact-check posts or comments submitted by users and cannot ensure the accurateness of any content presented on the Oh Crap App by third parties. Content appearing on this app and related services and platforms may contain speculation, assumptions, opinions and other unverified information from our users. Because they are not verified, postings may contain erroneous or inaccurate information. OC makes no representation or warranty as to the accuracy, completeness or authenticity of the information or opinions appearing on the Oh Crap App. OC does not endorse the opinions or views of third parties expressed on this site or on any other linked sites.
  • Submissions which are false, defamatory, or otherwise unlawful are not allowed. However, OC is not in a position to resolve factual disputes between users. Accordingly, we will not remove content simply because one party claims that something in a post or submission is false.
  • As a matter of policy, OC will remove any content from this site that we determine, in our sole discretion, to be unlawful, obscene, inappropriate, or unduly offensive. Although we reserve the right to make exceptions from our own policies at any time and for any reason, content removal will generally comply with the standards described on our Legal page.
  • By submitting content to the Oh Crap App you automatically grant OC an irrevocable, perpetual, fully-paid, worldwide exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
  • Although OC reserves the right to remove content at any time and for any reason, user acknowledges OC is not required to remove content when asked by a person claiming to be the original author. OC cannot verify claims of authorship and is therefore not obligated to remove content merely upon request of a person claiming to be the original author.
  • Except as otherwise explicitly indicated, all written submissions on the Oh Crap App are opinions of third parties and not of OC. OC is not responsible for, and does not endorse, verify, or ratify any of the written opinions and/or content submitted by third parties.
  • In no even shall any content, submission, or any other communication be considered to constitute provision of legal advice or representation by OC, or creation of an attorney-client relationship with any user and OC.
  • By using the Oh Crap App you will be deemed to have irrevocably agreed to these terms.
  • All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Oh Crap App belong to OC.

Other Terms and Conditions

Additional terms and conditions may apply to purchase and/or use OC’s software on additional devises such as, but no limited to, mobile and handheld devices, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including whether applicable representing that you are of sufficient legal age to use or participate in such a service or feature. To the extent possible, these Terms of use and any additional terms and conditions shall be read as one continuous document. In the event of conflicting terms within the Terms of Use and additional terms and conditions, the latter terms shall control with represent to your use of a portion of the App or specific service and/or application on any other device.

OC may make changes to any products or services offered on the App, or to the applicable prices for any such products or services, at any time, without notice. The materials on the App with respect to products and services may be out of date, and OC makes no commitment to update the materials on the App with respect to such products and services.

Security

Certain features or services offered on or through the App may require you to open an account and set up a username and password. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify OC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by OC or any other user of or visitor to the App due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. OC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

OC’s Privacy Policy applies to use of this App, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the App, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Disclaimers

OC DOES NOT PROMISE THAT THE APP OR ANY CONTENT, SERVICE OR FEATURE OF THE APP WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE APP WILL PROVIDE SPECIFIC RESULTS. THE APP AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE APP IS SUBJECT TO CHANGE WITHOUT NOTICE. OC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE APP WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE APP AND/OR ANY OC SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE APP AND ANY LINKED APPS. YOUR SOLE REMEDY AGAINST OC FOR DISSATISFACTION WITH THE APP OR ANY CONTENT IS TO STOP USING THE APP OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any Claims, damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

OC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason; (2) to modify or change the App, or any portion of the App, and any applicable policies or terms; and (3) to interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Indemnity

You agree to indemnify, release, protect, and hold harmless OC, its parent, subsidiaries, affiliates, employees, officers, directors, licensees and agents, from any and all claims, damages, demands, losses, costs, causes of action and expenses arising out of (i) your negligent or willful acts or omissions, or (ii) your breach of the terms of these Terms of Use, or (iii) property damage, personal injury, illness, death, or violation of law caused by the you or any third party whose actions are attributable to you, or (iv) your use of the App, (each and collectively “Claims”). Your indemnification obligations shall include paying for reasonable attorney’s fees and costs (including travel, meals, lodging, expert witness expense and deposition expenses) incurred in defending any action brought by any third party and any action brought to enforce the terms of this Agreement.

Violation of These Terms of Use

OC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the App, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) OC’s rights or property, or the rights or property of visitors to or users of the App, including OC’s customers. OC reserves the right at all times to disclose any information that OC deems necessary to comply with any applicable law, regulation, legal process or governmental request. OC also may disclose your information when OC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that OC may preserve any transmittal or communication by you with OC through the App or any service offered on or through the App, and may also disclose such data if required to do so by law or OC determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of OC, its employees, users of or visitors to the App, and the public.

You agree that OC may, in its sole discretion and without prior notice, terminate your access to the App and/or block your future access to the App if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the App. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to OC, for which monetary damages would be inadequate, and you consent to OC obtaining any injunctive or equitable relief that OC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies OC may have at law or in equity.

You agree that OC may, in its sole discretion and without prior notice, terminate your access to the App, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the App or any service offered on or through the App, or (4) unexpected technical issues or problems.

If OC does take any legal action against you as a result of your violation of these Terms of Use, OC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to OC. You agree that OC will not be liable to you or to any third party for termination of your access to the App as a result of any violation of these Terms of Use.

Governing Law

You agree that all matters relating to your access to or use of the App, including all disputes, will be governed by the laws of the United States and by the laws of the State of Iowa without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Polk County, Iowa, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between OC and you arising out of or in connection with your use of the App, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Uploaded Material

OC requires you to register an account before uploading data to the App and/or using the any OC software. In registering with OC, you are agreeing that all Material uploaded is your property and that you have obtained all proper permissions necessary to transfer the Material. In uploading Material through the App, you grant OC, its subsidiaries and users, a non-exclusive, perpetual, worldwide, transferrable, fully paid up and sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and alter the Material in any way and for any purpose, including, but not limited to: use on OC Apps and in OC products, manuals and technical explanation guides, for educational, teaching, scientific, research, and commercial purposes, and any other use as determined by OC.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and OC with regard to your use of the App, and any and all other written or oral agreements or understandings previously existing between you and OC with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with OC, OC will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. OC’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by OC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between OC and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.