These Terms of Use, together with the documents referenced herein apply to the mobile application named "Ante Up LLC". Ante Up permits you to use the App in connection with your employer's participation in the Safe Mile Program and subject to these Terms and any applicable rules applied by Apple Inc. and Google Inc. with respect to the use of their App Store and Play Store respectively located at https://www.apple.com/itunes App Store and https://play.google.com/store Play Store. You Jonathan Marcomb may only utilize the App in accordance with these Terms.
This Auto Renewal Subscription Agreement sets forth the terms and conditions between You as a Subscriber and Ante Up LLC. Any Ante Up connection with Your subscription for Auto Renewal Subscription.
This Agreement is incorporated into, made part of and is subject to Ante UpTerms and Conditions of Use ("Terms of Use"), which You may see below. All terms defined in the Terms of Use shall have the same meaning when used in this Agreement as provided in the Terms of Use unless otherwise noted.
1. GENERAL TERMS
Ante Up offers Services through the Auto Renewal to Subscribers who are looking for access to its database of creative professionals as well as a variety of marketing software under a monthly or annual auto-renewal and pay fees in connection therewith. In addition to agreeing to this Agreement and the Terms of Use, in order to subscribe to Auto Renewal, you must enter into and agree to be bound by the terms of Your Subscription Agreement and Invoice (“Subscription Agreement”) with Ante Up. The general Subscription Agreement form can be accessed within the app. You will have an opportunity to discuss individual terms applicable to Your Subscription for Auto Renewal when you arrange for Your Subscription with Ante Up. Your Subscription Agreement will set forth the individual components and services that You select in Your subscription.
2. MEMBERSHIP SUBSCRIPTIONS
A. MONTHLY SUBSCRIPTION
Your monthly subscription will start when Ante Up confirms your payment and will continue for a period of thirty days. When you purchase a monthly subscription, auto-renew is automatically selected in your Ante Up Account. You authorize us to store your payment and to automatically charge your payment method every month until you cancel. You may cancel your subscription at any time within any 30-day subscription period. However, any cancellation will only become effective at the end of the 30-day subscription period it was submitted in. No refunds and/or rebates will be paid for any part of the 30-day subscription. Because there’s no annual contract, your monthly rate is subject to change, but you will be notified of any change in your monthly rate with the option to cancel in accordance with these terms.
B. ANNUAL SUBSCRIPTION
Your annual subscription will start when Ante Up confirms your payment and will continue for a period of one year. Annual subscriptions purchased are paid in full in advance. When you purchase an annual subscription, auto-renew is automatically selected in your Ante Up Account. You authorize us to store your payment and to automatically charge your payment method every year until you cancel. Your annual rate is subject to change, but you will be notified of any change in your annual rate with the option to cancel in accordance with these terms. You may cancel your subscription at any time within any annual subscription period. However, any cancellation will only become effective at the end of the annual subscription period it was submitted in. No refunds and/or rebates will be paid for any part of the annual subscription.
3. SUBSCRIPTION CANCELLATION
The only valid method for cancelling your Auto Renewal Subscription is by clicking on the cancellation link that is accessible after logging into your Ante Up account. This link is located in the Membership section of the profile. Assistance on how to cancel your Agreement can be accessed by anteupllc.com@gmail.com. Requests to cancel by email, phone or live chat are not considered, and do not finalize a cancellation. Once you submit your request you will receive an email confirmation within 48 business hours that the cancellation has been completed. If you do not receive this confirmation within that time, please contact Customer Support within 72 business hours to resolve or your cancellation request will be considered invalid. You are still responsible for any past due payments before your cancellation request was received and will need to be paid in full even after a cancellation request is processed.
4. PAYMENT FOR SERVICES
As compensation for the Services described in Your Subscription Agreement, You agree to pay a fee to Ante Up as set forth in Your Subscription Agreement. Subscription Fees are due and payable by You upon Your receipt of Ante Up Subscription Agreement, unless alternative payment arrangements have been made. Further terms that may affect Your payment obligations are set forth in the Terms of Use and are incorporated as if fully set forth herein. The Terms of Use, in its entirely, can be accessed by https://anteupllc.com/terms-of-use.
5. DURATION
All Subscriptions are for a limited period of time ("duration"). The duration of a Subscription is a thirty (30) day subscription or a one-year (12 months) subscription unless a different term is stated in the Subscription Agreement between You and Ante Up, in which case that duration will apply. Unless otherwise noted in writing, the Subscription commences on the day that You a) agree to the Subscription Agreement; b) receive a copy of the invoice; or c) pay the initial payment due for the Subscription, whichever is earliest. The Subscription automatically renews after its duration. You will be required to make all payments due during the duration of the Subscription regardless of whether You choose to access the Website, Contact Database or use the Services You agreed to in the Subscription Agreement.
6. SUBSCRIBER CONTENT
In order to receive Services under Your Subscription, you may be required to provide certain Subscriber’s Content or other materials in which You may have proprietary or intellectual property interest. Any and all content supplied by You or created, edited or amended in connection with the Services in Your Agreement are subject to all licenses, warranties and uses set forth in the Terms of Use and its incorporated Privacy and Intellectual Property Policies, which are incorporated as if more fully set forth herein and may be accessed by https://anteupllc.com/private-privacy.
7. CONFIDENTIALITY
You and Ante Up agree that each shall maintain and not disclose any and all confidential or proprietary information that is received from the other as a result of or in connection with Your Subscription and/or Services provided in connection therewith. Neither You nor Ante Up will, without the other's prior written consent, disclose to any third party any information concerning the other’s proprietary or confidential information and material, including but not limited to the business or method of working of the other party, which may be revealed as a result of or in connection with Your Subscription and/or Services, except as required by law, to the extent that such information may become public knowledge, may be acquired or generated by either party independently from something other than by a breach of this clause or to obtain legal or tax advice.
This clause shall survive termination of the Subscription Agreement.
8. WARRANTIES
By entering into this Subscription Agreement, you hereby acknowledge and agree that it is expressly subject to all warranties, promises and guarantees given and made by You, as a Subscriber to Ante Up, You as are set forth in the Terms of Use, which is incorporated herein by reference as if fully set forth herein. You may directly access the Terms of Use by https://anteupllc.com/terms-of-use
9. DISCLAIMERS AND LIMITATIONS OF WARRANTIES
Ante Up uses reasonable efforts to provide the Auto Renewal Subscription Services that You have Subscribed to receive. However, the results of any marketing effort depend on innumerable factors and market variables that are outside of Ante Up control. As a result, although the Auto Renewal Subscription is intended to assist you to meet Your marketing goals, final results may vary.
THE AUTO RENEWAL SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO ALL RELATED SERVICES, MATERIALS AND WEBSITE CONTENT, ETC. ARE PROVIDED “AS IS.” ANTE UP EXCLUDES AND DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A GENERAL OR PARTICULAR PURPOSE. ANTE UP IS NOT LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE AUTO RENEWAL SUBSCRIPTION, ITS CONTENT AND/OR THE DATA OR SERVICES PROVIDED IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE AUTO RENEWAL SUBSCRIPTION FUNCTIONS, OR THE MATERIALS AND CONDUCT AVAILABLE IN CONNECTION THEREWITH ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. THE SUBSCRIBER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO THE USER’S AND/OR SUBSCRIBER'S USE OF AUTO RENEWAL SUBSCRIPTION AND ITS ASSOCIATED MATERIALS, INCLUDING THE ANTE UP WEBSITE OR RELATED SERVICES. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER ANTE UP NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS ARE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES) ARISING OUT OF SUBSCRIBER'S USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF THE AUTO RENEWAL SUBSCRIPTION, ITS CONTENT AND/OR DATA OR SERVICES PROVIDED IN CONNECTION THEREWITH, WHETHER OR NOT ANTE UP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. LIMITATION OF LIABILITY
ANTE UP DOES NOT GUARANTEE RESULTS. IN NO EVENT SHALL ANTE UP BE LIABLE FOR GENERAL, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE LOSS, DAMAGE OR EXPENSE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES WITHOUT LIMITATION AS TO WHETHER SUCH DAMAGES ARE CONSIDERED TO BE DIRECT, GENERAL OR CONSEQUENTIAL DAMAGES. ANTE UP SHALL NOT BE LIABLE, (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT OR BY STATUTE OR OTHERWISE) FOR ANY AND ALL CLAIMS RELATED TO THESE TERMS OF USE OR OTHER AGREEMENT, EXCEPT TO THE EXTENT OF ANTE UP GROSS NEGLIGENCE OR WILLFUL CONDUCT. IT IS AGREED THAT SHOULD ANY LIABILITY ON THE PART OF ANTE UP BE PROVEN, IT WILL NEVERTHELESS BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ANTICIPATE OR FIX THE AMOUNT OF DAMAGES THAT WERE PROXIMATELY CAUSED BY SUCH LIABILITY. THEREFORE, IT IS AGREED THAT IN NO EVENT MAY THE SUBSCRIBER RECOVER AN AMOUNT IN EXCESS OF THE AGGREGATE OF FEES PAID TO ANTE UP OR $500 IN THE EVENT THAT NO FEES WERE PAID, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS. IT IS AGREED THAT THE FOREGOING LIMITATION IS NOT INTENDED TO BE AND IS NOT A PENALTY.
11. AMENDMENT
Ante Up reserves the right to modify, update, add, delete, revise and change this Agreement as well as the Terms of Use at any time. Such changes are effective, and You agree to be bound by such changes, when You “click” the Accept button on the Website, or 30 days from the date the changes are posted to the Website, whichever occurs sooner.
12. COMPLETE AGREEMENT
This Agreement, as well as the Terms of Use, Subscription Agreement, and any documents expressly referenced or incorporated therein, together constitute the full agreement between You and Ante Up as to the matters contained therein. Any term not specifically addressed in this Agreement shall be governed by the Terms of Use and incorporated documents. In the event of a conflict between this Agreement and the Terms of Use, the specific terms of this Agreement shall apply.
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