Effective date: 12/1/2014 Preble Street (“we”, “us”, or “our”) offers you the mobile device application, The Good Fight, along with all of the features and functions therein (collectively, the “App”). You must be 18 years old or the age of majority in your jurisdiction in order to use our App. If you are under 18 years old or the age of majority in your jurisdiction, then you may only use the App with your parent or legal guardian’s permission. The Terms incorporate the Privacy Policy. These Terms along with our Privacy Policy constitute a legally binding agreement between you and us. By accessing or using our App, you agree that you (or your parent or legal guardian) have read, understand, and are bound by the terms and conditions set forth herein. IF YOU (OR YOUR PARENT OR LEGAL GUARDIAN) DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE APP. CREATING AN ACCOUNT In order to use our App, you must sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other App users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy. OWNERSHIP Unless otherwise stated herein, we and our licensors are the sole owners of the App and all of its content, including without limitation, all information, services, features, functions, copyrights, trademarks, service marks, and other intellectual property rights contained within the App. You agree that all right, title, and interest in the App will remain ours or our licensors’ exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use our name or any of our trademarks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the App unless we have given you prior written consent to do so. You may only use the App for personal, non-commercial purposes. USE RESTRICTIONS Your use of the App is conditioned on your full compliance with these Terms including, without limitation, the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the App pursuant to these Terms. You agree that when using the App you will not: · Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the App; · Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the App; · Frame or mirror any part of the App without our express prior written consent; · Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the App; · Submit or post any offensive, defamatory, threatening, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene content (as determined by us in our sole discretion); · Copy, download, distribute, transmit, upload, or transfer content from the App or the personal information of others without our prior written permission or authorization; · Resell, sub-license, or lease any of the content on the App; · Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or · Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening. User Generated Content Our App permits its registered users to upload, exchange, post, and share content, data, ideas, communications, and other materials to the App (“User Generated Content”). By providing any User Generated Content through the App, you grant us and our affiliates and our service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that you own or control all rights in and to your User Generated Content and have the right to grant the license granted above to us and our affiliates and our service providers, and each of their and our respective licensees, successors and assigns. User Generated Content on the App is not independently verified by us. Therefore, your reliance on User Generated Content is at your own risk. Because we have no control over User Generated Content, you acknowledge and agree that we are not responsible for the accuracy or availability of User Generated Content, and we neither endorse nor are responsible or liable for any User Generated Content that appears on the App. We shall have the right (but not the obligation) to delete, remove, monitor, or edit User Generated Content and block links to the App through technological or other means without prior notice. DISCLAIMER OR WARRANTIES THE APP IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APP INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, AND TITLE. WE MAKE NO WARRANTY THAT THE APP WILL BE ERROR FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE APP WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE APP WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. WE MAKE NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON THE APP. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. WE SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE APP OR ANY LINKED WEBSITES OR APPS, OR FOR ANY INFORMATION OR PRODUCTS, OBTAINED THROUGH USE OF THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE APP, TERMINATION OF YOUR USE OF THE APP IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU. Indemnity You agree to defend, indemnify and hold harmless us and our employees, officers, directors, agents, representatives, licensors, suppliers and service providers from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of (a) your use of, or activities in connection with the App; or (b) any violation of these Terms by you. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so. DISPUTE RESOLUTION These Terms will be construed and enforced under the laws of the State of Maine. You agree that the state and federal courts in the State of Maine shall be the exclusive forums for any dispute arising out of these Terms and the parties hereby consent to the personal jurisdiction of such courts and agree to waive any right to claim that the State of Maine is an inconvenient forum. If the court in your country will not apply Maine law, or if the courts in your country will not permit you to consent to the jurisdiction of the courts in the State of Maine, then your local law and jurisdiction will apply to such disputes related to these Terms. You agree that you will not file a class action, or participate in a class action against us. THIRD PARTY SITES The App contains links to third party websites and applications (“Third Party Sites”). We have no control over such Third Party Sites and are not responsible for the availability of such external Third Party Sites. We do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from such third party Third Party Sites linked from the App. We do not make any representations regarding the content or accuracy of materials on such Third Party Sites and your use of Third Party Sites is at your own risk and subject to the terms and conditions and policies and procedures of such websites. In addition, other Third Party Sites may provide links to the App with or without our authorization. You acknowledge and agree that we do not endorse such Third Party Sites, and are not and shall not be responsible or liable for any links from those Third Party Sites to the App, any content, advertising, products or other materials available on or through such other Apps, or any loss or damages incurred in connection therewith. TERMINATION We may immediately, without prior notice, suspend or terminate your use of and access to the App, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. You may terminate these Terms by ceasing your use of the App. SEVERABILITY If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties. CHANGES We reserve the right to change any part of the App, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the App means that you agree with our updated Terms. If you do not agree with our updated Terms, you may not use our App. QUESTIONS OR COMMENTS If you have any questions or comments about these Terms or the App, please contact us at