Last updated: Aug 11, 2024 

Please read these Terms and Conditions carefully before using Our Service. 

Interpretation and Definitions 

Interpretation 

The words of which the initial letter is capitalized have meanings as defined below. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. 

Definitions 

For the purposes of these Terms and Conditions: 

  • Account means a unique account created for You to access Our Service or parts of Our Service.  
  • Application means the software program provided by the Company downloaded by You on any electronic device, named Communiqu. 
  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded. 
  • Country refers to: California, United States 
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Communiqu LLC, San Diego, CA 92131. 
  • Cookies are small files that are placed on Your computer, mobile device, or any other device by a website, containing the details of Your browsing history on that website among its many uses. 
  • Content refers to all content including, but not limited to text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content. 
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. 
  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service. 
  • Service refers to the Application, Website and all websites and mobile apps owned and operated by the Company on which these Terms are displayed, as well as Your purchase of any products or services from the Company and/or any other related products and/or services that refer or link to these Terms. 
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions (T&C) that form the entire agreement between You and the Company regarding the use of the Service. 
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. 
  • Website refers to Communiqu, accessible from https://communiqu.com/ 
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. 

Acknowledgment 

These Terms are a legally binding contract that describes the Terms and Conditions governing the use of this Service and the agreement that operates between You, whether personally or on Your behalf of an entity, and the Company. These Terms set out the rights and obligations of all users regarding the access and/or use of the Service. 

Your access to and/or use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access and/or use the Service. 

By accessing and/or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms and Conditions, then You may not access and/or use the Service. 

The Service is intended for individuals who are at least 18 years old. By accessing and/or using the Service You represent that You are over the age of 18. The Company does not permit those under 18 years old to access and/or use the Service. 

Your access to and/or use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy, which is included as a part of these Terms by reference, describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before accessing and/or using Our Service. Your submission of personal information through the Service is governed by Our Privacy Policy. 

User Accounts 

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your account on Our Service. 

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. 

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene which is determined by the sole discretion of the Company. 

General Conditions 

You understand and acknowledge that Your content (not including credit card information), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Service through which the Service is provided, without express prior written permission by Us. 

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. 

You may not use Our Service for any illegal or unauthorized purpose nor may You, in the access of and/or in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of these Terms will result in an immediate termination of the Service. 

Content 

Type of Content 

There are three types of content that You will be able to access on the Service: 

  • Content that You upload and/or provide; 
  • Content that other members upload and/or provide; and 
  • Content that Communiqu uploads and/or provides (including, without limitation, database(s) and/or software) (“Our Content”). 

Your Right to Post Content 

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including but not limited to its legality, reliability, and appropriateness. 

By posting Content to the Service, You grant Us the right and license to, at any time, without restriction, use, modify, publish, translate, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service and/or in any other medium. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. We are and shall be under no obligation to: (1) maintain any Content in confidence; (2) pay compensation for any Content; or (3) respond to any Content. 

By using the Service and/or by searching on social media accounts for Us and/or by other methods, You may have assess to one or more of Our social media accounts. If You send certain specific submissions, make comments or posts or otherwise interact in any way, shape or form with Our social media account(s) (collectively, “social media comments”), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any social media comments that You post or forward to Us. We are and shall be under no obligation to: (1) maintain any social media comments in confidence; (2) pay compensation for any social media comments; or (3) respond to any social media comments. 

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. 

Content Restrictions 

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account. 

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following: 

  • Unlawful or promoting unlawful activity. 
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups. 
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling. 
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person. 
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights. 
  • Impersonating any person or entity including the Company and its employees or representatives. 
  • Violating the privacy of any third person. 
  • False information and features. 

The Company reserves the right, but not the obligation, to, in its sole discretion, determine if any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of Your use of any content. 

Content Backups 

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. 

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. 

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. 

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service. 

Social Media 

By using the Service, You may be able to link Your account with online accounts You have with third party service providers (each being a “Third Party Account”) by either: (i) providing Your Third Party Account login information through the Service; or (ii) allowing Us to access Your Third Party Account as permitted under the applicable terms and conditions that govern Your use of Your Third Party Account and without obligating Us to pay any fees or making Us subject to any usage limitations that may be imposed by the third party service provider of the Third Party Account. By granting Us access to any Third Party Accounts, You understand and agree that: (a) We may access, make available and store any content that You have provided to and stored in Your Third Party Account (the “Social Network Content”) so that it is available on and through the Service via Your account including, but not limited to any of Your friends lists; and (b) We may submit to and receive from Your Third Party Account additional information to the extent You are notified when You link Your account with the Third Party Account. Personally identifiable information that You post to Your Third Party Accounts may be available on and thorough the Service depending on the Third Party Accounts You choose and also subject to the privacy settings You have set in such Third Party Accounts. The Social Network Content may no longer be available on and through the Service if a Third Party Account or associated service becomes unavailable or Our access to such Third Party Account is terminated by the third party service provider. Your relationship with the third party service providers associated with Your Third Party Accounts is governed solely by Your agreement(s) with such third party service providers. We do not review any Social Network Content for any purpose including, but not limited to for accuracy, legality or non-infringement and We are not responsible for any Social Network Content. You acknowledge and agree that We may access Your email address book and other information including but not limited to Your contacts list stored on Your mobile device or tablet associated with a Third Party Account. You may deactivate the connection between the Service and Your Third Party Account by contacting Us using the contact information provided in this Agreement or through Your account settings, if applicable. We will attempt to delete any information stored on Our servers that was obtained through such Third Party Account except for the username and profile picture that become associated with Your account. 

Intellectual Property Infringement 

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. 

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of Our copyright agent via email at contactus@communiqu.com and include in Your notice a detailed description of the alleged infringement. 

You may be held accountable for damages (including but not limited to costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright. 

DMCA Notice and DMCA Procedure for Copyright Infringement Claims 

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest. 
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work. 
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located. 
  • Your address, telephone number, and email address. 
  • 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. 
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. 

You can contact Our copyright agent via email at contactus@communiqu.com. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including but not limited to removal of the challenged content from the Service. 

Intellectual Property 

The Company owns or holds licenses and all intellectual property rights in Our Service including, but not limited to all text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces, computer code, source code, databases, functionality, technology, software, advertising copy, URLs, website designs, button icons, designs, audio, video, text, photographs, images, graphics, overall arrangement or “look and feel” of such materials in the Service and on the Website (collectively the “IP Content”), as well as all trademarks, service marks, copyrights and logos contained therein (the “Marks”). The IP Content and Marks are protected by trademark, copyright, patent laws, intellectual property rights, unfair competition laws, various other intellectual property rights and other applicable treaties in the Country and worldwide. The IP Content and Marks are provided in and through the Service “As Is, Where Is” for Your personal and non-commercial use. By using and/or accessing the Service, You will not obtain any ownership or intellectual property or other interest in any item or content on the Service (excluding Content provided by You or other users). 

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. 

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. 

Our trademarks and trade dress may not be used in connection with any product or service without the express prior written consent of the Company. 

We grant You a non-exclusive, non-transferable, non-assignable, revocable license to access the Service solely for Your personal and non-commercial use, subject to Your compliance with these Terms including, but not limited to the “Prohibited Uses” as stated in these Terms. Unless otherwise set forth in these Terms, You must not copy, reproduce, aggregate, republish, reverse engineer, upload, post, publicly display, encode, translate, transmit, distribute, sell, license or otherwise exploit for any commercial purpose whatsoever without Our express prior written permission. If You wish to make any use of the Service,  IP Content or Marks other than as set forth in these Terms, please address Your request to: contactus@communiqu.com and if We expressly grant You via express prior written permission to copy, reproduce, aggregate, republish, reverse engineer, upload, post, publicly display, encode, translate, transmit, distribute, sell, license or otherwise exploit for any commercial purpose whatsoever and of Our Service, IP Content and/or Marks, then You must identify Us as the owners or licensors of the Service, IP Content and/or Marks and You must ensure that any copyright, trademark or proprietary notice appears or is visible on Our Service, IP Content and/or Marks. 

We reserve all rights to and in the Service, IP Content and Marks which are not expressly granted to You by Us in a prior writing. Any breach of intellectual property rights and related laws, rules, statutes and regulations including, but not limited to those set forth in these Terms will constitute a material breach of these Terms and Your access to and use of Our Service will immediately terminate and You must immediately discontinue access of and use of Our Service. 

Prohibited Uses 

In addition to other prohibitions as set forth in these Terms, You are prohibited from accessing and/or using the Service, Marks and/or IP Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website or apps, other websites or apps, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; and/or (k) to interfere with or circumvent the security features of the Service, or any related website or app, other websites or apps, or the Internet. We reserve the right to terminate Your access of and/or use of the Service or any related website or app or other service for violating any of the prohibited uses. 

Your Feedback to Us 

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. 

Accuracy, Completeness and Timeliness of Information 

We are not responsible if information made available on the Service is not accurate, complete or current. The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Service is at Your own risk. 

The Service may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of the Service at any time, but We have no obligation to update any information on the Service. You agree that it is Your sole responsibility to monitor changes to Our Service. 

Modifications to the Service and Prices 

Prices for Our Service are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

Errors, Inaccuracies and Omissions 

Occasionally there may be information in the Service that contains typographical errors, inaccuracies or omissions that may relate to things including, but not limited to descriptions of services, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website or app is inaccurate at any time without prior notice (including after You have submitted Your order). 

We undertake no obligation to update, amend or clarify information in the Service or on any related website or app, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, or on any related website or app, should be taken to indicate that all information in the Service or on any related website or app has been modified or updated. 

Service

We reserve the right, but are not obligated, to limit Our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that We offer. All descriptions of the pricing of the Service, if any are applicable, are subject to change at anytime without notice, at Our sole discretion. We reserve the right to discontinue any service at any time. Any offer for any service made on the Service or otherwise is void where prohibited. 

We reserve the right to refuse any order You place with Us. We may, in Our sole discretion, limit or cancel services per person, per household or per order. These restrictions may include, but are not limited to use of the Services by or under the same customer account, using the same address, using the same credit card (if applicable), and/or orders that use the same billing address (if applicable). In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit the use of Our Services that, in Our sole judgment, appear to be by dealers, resellers, recruiters or distributors or by anyone (either a person or a company) who appears, in Our sole judgment, to be using Our Services for commercial use and/or any use that is not solely for non-commercial reasons. 

We do not warrant that the quality of any services, information, or other material purchased or obtained by You through our Services or otherwise will meet Your expectations, or that any errors in the Service and/or any related website or app will be corrected. 

Accuracy of Billing and Account Information 

If you purchase anything using Our Service, then You agree to provide current, complete and accurate purchase and account information for all purchases of Our Service. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as needed. Any transaction between You and Us may be subject to return or exchange only according to a Refund Policy which shall be located on in the Service. 

Optional Tools 

We may provide You with access to third-party tools over which We neither monitor nor have any control nor input. 

You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools. 

Any use by You of the optional tools offered through the Service is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the Service (including, but not limited to the release of new tools and resources). Such new features and/or services shall also be subject to these Terms. 

Software 

We may include software for use in connection with Our Service. If such software is accompanied by an end user license agreement (“EULA”), then the terms of the EULA will govern Your use of the software. If such software is not accompanied by a EULA, then We grant You a non-exclusive, revocable, personal and non-transferable license to use such software solely in connection with Our Service and in accordance to these Terms. Any software and any and all related documentation is provided “As Is, Where Is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. You accept any and all risk arising out of or related to the use or performance of any software. You may not reproduce, redistribute or reverse engineer any software in accordance with the EULA or these Terms. 

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. 

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services. 

We strongly advise You to read the terms and conditions, privacy policies and all other information provided on any third-party web sites or services that You visit. 

Errors and Delays 

You acknowledge and agree that the Company is not responsible for any errors or delays in responding to any request You may have or referral form or any other form that may be caused by factors such as an incorrect email address or other information provided by You, or technical issues beyond Our reasonable control. 

Termination 

We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. 

Upon termination, Your right to use the Service will cease immediately. 

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 USD if You have not purchased anything through the Service. 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. 

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law. 

“AS IS” and “AS AVAILABLE” Disclaimer 

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without any warranty. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. 

Without limiting the foregoing, neither the Company nor any of the Company’s provider(s) makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; and/or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. 

Governing Law 

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. 

Disputes Resolution 

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. If informal discussions with the Company is unable to resolve the dispute, then You agree that any dispute between You and the Company, including, but not limited to disputes related to the Service and/or content, shall be resolved through final and binding individual arbitration administered by the American Arbitration Association in accordance with its consumer arbitration rules. The arbitration hearings will take place in San Diego, California, and the arbitrator(s) will be bound by the law and strive to expedite the proceedings and limit discovery. By agreeing to arbitration, You and the Company waive the right to litigate the dispute in court and waive the right to a jury trial. The laws of the state of California will govern any dispute without giving effect to any choice or conflict of law provision or rule, and if any matter proceeds to court, You consent to the exclusive jurisdiction and venue of the state and federal courts in San Diego County, California. 

You also agree that any arbitration under these Terms will be conducted on an individual basis, and You may not join or consolidate claims with those of any other party. Furthermore, You are not permitted to litigate or arbitrate claims as a representative or member of a class or in a private attorney general capacity. 

Any dispute or disagreement regarding the enforceability, applicability, or interpretation of any provision of these Terms, including but not limited to the provisions related to dispute resolution and arbitration, will be subject to final and binding arbitration. 

Additionally, You acknowledge that any dispute or cause of action arising from, in connection with or related to the Service, and/or content must be initiated within one year from the date the dispute or cause of action accrues, or within one year of when You should have known about it through diligent effort. Otherwise, the cause of action is permanently barred. 

United States Legal Compliance 

You represent and warrant that: (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. 

Severability and Waiver 

Severability 

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 

Waiver 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach. 

Indemnification 

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, parent, subsidiaries, partners, contractors, licensors, service providers, subcontractors, suppliers, interns and affiliates (referred to as “Communiqu Parties”) from any and all claims, losses, liabilities, expenses (including, but not limited to attorneys’ fees and costs), and damages arising from or related to Your breach of these Terms or the documents they incorporate by reference, Your use of the Service and/or Your violation of any third-party rights or laws. You are not permitted to settle any such claim or matter without the express prior written consent from the Company. The Communiqu Parties have the right to assume exclusive defense and control of any matter subject to indemnification by You, and You agree to fully cooperate in the defense of such claims. 

Translation Interpretation 

These Terms may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute. 

Changes to These Terms and Conditions 

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. We will also let You know via prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of these Terms. 

By continuing to access and/or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service. 

Entire Agreement 

These Terms, including, but not limited to all referenced or incorporated policies, agreements, and provisions, constitutes the entire agreement between You and the Company, superseding all prior or contemporaneous oral or written agreements or communications between the parties regarding the subject matter discussed herein. In the event of a conflict between the language of these Terms and any incorporated terms, the latter incorporated terms shall prevail. 

No Representations or Warranties

You acknowledge and agree that, by entering into these Terms, You are not relying on any representation, warranty, statement, or promise, whether expressed or implied, that is not explicitly set forth in these Terms. You hereby waive any claim of reliance on such representations. 

Assignment 

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You. However, We may assign, novate or subcontract any or all of Our rights and obligations under these Terms at any time. 

Data Processed in the United States 

We process data in the United States, and We make no representation that Our Service are appropriate or available for use beyond the United States. If You use Our Service from other locations, You are doing so on Your own initiative and are responsible for compliance with applicable local laws regarding Your online conduct and acceptable content, if and to the extent local laws apply. Our Service may describe programs and services that are available only in the United States (or only parts of it). 

We reserve the right to limit the availability of Our Service and/or the provision of any content, programs, service, or other feature described or available in Our Service to any person, entity, geographic area, or jurisdiction, at any time and in Our sole discretion, and to limit the quantities of any content, program, service, or other feature that We provide. 

If You are in a jurisdiction outside the United States and nevertheless continue to access and/or use Our Service, Your personal information may be transferred into and processed within the United States, and Your continued access and/or use of Our Service constitutes Your consent to such transfer and processing. Please review Our Privacy Policy for additional information on how We process and protect Your data. 

Survival 

The terms and conditions providing for any activity following the termination or expiration of these Terms, any warranties, disclaimers, remedies and any indemnification obligations, and any other provision which, by its terms is intended to survive the termination of these Terms, shall survive the termination or expiration of these Terms. 

Contact Us 

If You have any questions about these Terms, You can contact Us: 

By email: contactus@communiqu.com  

By visiting this page on Our website: www.communiqu.com/contact