ACCEPTANCE OF TERMS
ACCESSING THE APP
To download the App and any updates or changes to the App, you must provide all equipment and software necessary to access the public Internet, including, but not limited to, a suitable mobile device. You are responsible for any fees, including internet connection or mobile fees that you incur when downloading and using the App. You acknowledge and accept that if access is disabled to any Guidecraft and/or third party servers associated with the App, you may be prevented from updating or otherwise changing the program or data of the App. You agree that Guidecraft will have no liability for your inability to access the App, any updates to the App, or any website related to the App (see DISCLAIMERS AND LIMITATION OF LIABILITY below for additional limitations on Guidecraft liability).
USE OF THE SERVICEThe following restrictions apply to the use of the Service:
UPDATES TO THE APP
You understand that the App is an evolving product. Use of the App may involve accepting updates to the App you have installed on your computer or mobile device. You acknowledge and agree that Guidecraft may update the App with or without notifying you.
Any material you send to Guidecraft, solicited or unsolicited, including but not limited to creative suggestions, ideas, notes, concepts, or other information (collectively, the “Submissions”), shall be deemed, and shall remain, the property of Guidecraft. None of the Submissions shall be subject to any obligation of confidentiality on our part and Guidecraft shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
Guidecraft may use reasonable commercial efforts to fix or troubleshoot any technical issues pertaining to use of the App. Guidecraft will exercise such efforts completely at its discretion without any guarantee or warranty of any kind excluding any guarantee provided by consumer laws in your jurisdiction and which cannot be limited or excluded in any way. In the course of providing technical support, Guidecraft may determine that a technical issue is beyond the scope of the technical support. Guidecraft reserves the right, in its sole discretion, to refuse, suspend, or terminate any of the technical support.
DISCLAIMERS AND LIMITATION OF LIABILITY
Force Majeure – Guidecraft shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Guidecraft, including without limitation, any failure to perform hereunder due to any unforeseen circumstance or cause beyond Guidecraft’s control such as acts of God, terrorism, riots, embargoes, acts of civil or military authorities, fire, folds, accidents, strikes, delay/cancellation of the sports season, or shortages of transportation facilities, fuel, energy, labor or materials.
Jurisdiction and Governing Law – This agreement and the application or interpretation of this agreement, shall be governed exclusively by its terms and in accordance with the laws of the United States of America and the State of Minnesota, without giving effect to any choice of law or conflict of law provision thereof that would cause the application of the laws of any jurisdiction other than those of the United States of America and the State of Minnesota. You and Guidecraft agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sibley, Minnesota.