Amicurious LLC Stagg Mobile Application Terms of Use Agreement

Services related to the Stagg mobile application (the “app”) are operated by Amicurious, L.L.C. (“Amicurious”).  By using the app, you are agreeing to these Terms of Use (the “Agreement”), even if you decide not to register as an app member (“Member”).  Please read the Agreement and the Privacy Policy carefully.  If you are not comfortable with anything in the Agreement or the Privacy Policy, do not use the app.  The Terms of Use are subject to change by Amicurious at any time, effective upon posting on the app, and your use of the app after such posting will constitute acceptance by you of such changes.

Acceptance of Terms of Use Agreement.

Electronic Agreement.  This Agreement is an electronic contract that sets out the legally binding terms of your use of the app.  This Agreement may be modified by Amicurious from time to time, and such modifications will be effective upon posting by Amicurious on the app.  This Agreement includes the Amicurious Privacy Policy and any other policies regarding the app.  By accessing the app, you accept this Agreement and its terms.

Electronic Form.  By accessing the app, you consent to have this Agreement provided to you in electronic form.

Non-electronic Copy.  You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please send an e-mail to help@tsaggapp.com.

Withdrawing Your Consent.  You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.

Effect.  Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the app as a Member unless, and until, we issue you a new username and password.  We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.

Notice.  To withdraw your consent and/or request a non-electronic copy of this Agreement, please send an email to help@staggapp.com.

Prospective Nature.  Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above.  Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.

Access and Retention.  In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through a mobile device, and pay any service fees associated with such access.  In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

Eligibility.  You must be at least eighteen (18) years of age to register as a member of or use the app.  Membership in the Service is void where prohibited. By using the app, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Membership Pricing.  Please refer to the app for an explanation of the pricing options available for app membership and billing details.

Term.  This Agreement will remain in full force and effect while you use the app and/or remain a Member.  You may terminate your membership at any time, for any reason.  If you terminate your membership, your membership will remain active until the end of your then-current membership period (that is, the membership period through which you had paid prior to your termination).  Amicurious may terminate your membership at any time by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Amicurious.  If Amicurious terminates your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees.  All decisions regarding the termination of memberships shall be made in the sole discretion of Amicurious.  Amicurious is not required to provide you notice prior to terminating your membership.  Amicurious is not required, and may be prohibited from, disclosing the reason for the termination of your membership.  Even after your membership is terminated, this Agreement will remain in effect.  All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Non-commercial Use by Members.  The app is for the personal use of individual Members only and may not be used in connection with any commercial endeavors.  Organizations, companies, and/or businesses may not become Members and should not use the app for any purpose.  Illegal and/or unauthorized uses of the app, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the app may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.  Use of the app is with the permission of Amicurious, which may be revoked at any time, for any reason, in Amicurious’s sole discretion.

Account Security.  You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password.  You agree to (a) immediately notify Amicurious of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.  Amicurious will not be liable for any loss or damage arising from your failure to comply with this provision

Your Interactions with Other Members.  You are solely responsible for your interactions with other Members.  You understand that Amicurious does not in any way screen its Members, nor does Amicurious inquire into the backgrounds of its Members or attempt to verify the statements of its Members.  Amicurious makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members.  In no event shall Amicurious be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the app, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the app or persons you meet through the app.  You agree to take reasonable precautions in all interactions with other Members of the app, particularly if you decide to meet offline or in person.  You understand that Amicurious makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the app.  You should not provide your financial information (for example, your credit card or bank account information) to other Members.

Content on the App.

Proprietary Rights.  Amicurious owns and retains all proprietary rights in the app and Best Fit™.  The app contains the copyrighted material, trademarks, and other proprietary information of Amicurious, and its licensors.  Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Reliance on Content.  Opinions, advice, statements, offers, or other information or content made available through the app, but not directly by Amicurious, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  Amicurious does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the app, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the app.  Under no circumstances will Amicurious be responsible for any loss or damage resulting from your reliance on information or other content posted on the app or transmitted to or by any Members.

Content Posted by You on the App.

You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the app, or transmit to other Members.  You will not post on the app, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, threatening, harassing, or illegal material, or any material that infringes upon or violates another party’s rights (including, but not limited to, civil rights, intellectual property rights, and rights of privacy).  You will not provide inaccurate, misleading, or false information to Amicurious or to any other Member.  If information provided to Amicurious, or another Member, subsequently becomes inaccurate, misleading or false, you will promptly notify Amicurious or the other Member of such change.

You understand and agree that Amicurious may review and delete any content, messages, double-blind emails, photos, or profiles (collectively, “Content”), in whole or in part, that in the sole judgment of Amicurious violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

By posting Content to any public area of Amicurious, you automatically grant, and you represent and warrant that you have the right to grant, to Amicurious, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify 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. You further represent and warrant that public posting and use of your content by Amicurious will not infringe upon or violate the rights of any third party.

The following is a partial list of the type of Content that is illegal or prohibited on the app.  Amicurious reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending communication from the app and terminating the membership of violators.  Content that is illegal or prohibited on the app includes, but is not limited to, Content that:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Your use of the app must be in accordance with any and all applicable laws and regulations.

You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

You may not engage in advertising to, or solicitation of, other Members.  This includes but is not limited to solicitation or advertising to buy or sell any products or services through the app or to attend parties or other social functions or networking for commercial purposes.  You may not transmit any chain letters or junk email to other Members.  Although Amicurious cannot monitor the conduct of its Members off the app, it is also a violation of these rules to use any information obtained from the app in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.  In order to protect our Members from such advertising or solicitation, Amicurious reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.

All information you include in your Member profile must be accurate, current and complete.

Prohibited Activities.  Amicurious reserves the right to investigate and terminate your membership if you have misused the app, or behaved in a way which could be regarded as inappropriate, unlawful, or illegal. The following is a partial list of the type of actions that you may not engage in through the app:

  • You will not impersonate any person or entity.
  • You will not “stalk” or otherwise harass any person.
  • You will not express or imply that any statements you make are endorsed by Amicurious without our specific prior written consent.
  • You will not use any robot, spider, search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the app or its contents.
  • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  • You will not remove any copyright, trademark or other proprietary rights notices contained in the app.
  • You will not interfere with or disrupt the functioning of the app or the servers or networks connected to the app.
  • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the app.
  • You will not “frame” or “mirror” any part of the app, without Amicurious’s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Amicurious or the app in order to direct any person to any other app or web site for any purpose.
  • You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the app or any software used on or for the app or cause others to do so.

Customer Service.  Amicurious provides assistance and guidance through its customer care representatives.  When communicating with our customer care representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately.  If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership without any refund of unused membership fees.

Charges on Your Account.

General.  You agree to pay Amicurious all charges at the prices then in effect for any use of the app by you or other persons (including your agents) using your Membership, and you authorize Amicurious to charge your chosen payment provider (your “Payment Method”) for the Service.  You agree to make payment using that selected Payment Method.  Amicurious reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Recurring Billing.  Most app membership plans consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you.  By entering into this Agreement, you acknowledge that your membership has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.  AMICURIOUS MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY AMICURIOUS) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD.  SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE AMICURIOUS REASONABLY COULD ACT.  TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.

Current Information Required.  YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE BILLING INFORMATION. YOU MUST PROMPTLY UPDATE ALL BILLING INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY AMICURIOUS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD.  CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE AMICURIOUS ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT AMICURIOUS MAY CONTINUE CHARGING YOU FOR ANY USE OF THE APP UNLESS YOU HAVE TERMINATED YOUR MEMBERSHIP (CONFIRMED BY YOU IN WRITING UPON REQUEST BY AMICURIOUS).

Payment Method.  The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”).  If Amicurious does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand.

Change in Amount Authorized. If the amount to be charged to your account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Amicurious shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that Amicurious may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Auto-renewal.  You may elect to automatically extend your Amicurious membership for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate.  If you cancel, you may use your membership until the end of your then-current membership term; your membership will not be renewed after your then-current term expires.  However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

Reaffirmation of Authorization.  Your non-termination of membership or continued use of the app reaffirms that Amicurious is authorized to charge your Payment Method.  Amicurious may submit those charges for payment and you will be responsible for such charges.  This does not waive Amicurious’s right to seek payment directly from you.  Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially became a Member.

Free Trials and Other Promotions.  Any free trial or other promotion that provides membership in the app must be used within the specified time of the trial.  In some cases, you will be required to cancel your membership before the end of the trial period in order to avoid being charged a membership fee.  If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact help@staggapp.com to be refunded the charges.  All refunds shall be made by check mailed to your address on file with Amicurious.

Modifications to Membership/the App.  Amicurious reserves the right at any time to modify or discontinue, temporarily or permanently, your membership or the app or any part thereof with or without notice.  You agree that Amicurious shall not be liable to you or to any third party for any modification, suspension, or discontinuance of your membership or the app.

Blocking of IP Addresses.  In order to protect the integrity of the Service, Amicurious reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the app.

Copyright Policy.  You may not post, distribute, or reproduce in any way any Amicurious copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.  Without limiting the foregoing, if you believe that your work has been copied and posted on the app in a way that constitutes copyright infringement, please contact Customer Service and provide the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the app; your address, telephone number, and email address; a written 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.

Member Disputes.  You are solely responsible for your interactions with other app members.  Amicurious reserves the right, but has no obligation, to monitor disputes between you and other Members.  If you believe that another member has violated this Agreement, please contact Customer Service.

Privacy.  Use  of the app is also governed by our Privacy Policy.

Disclaimers.  Amicurious is not responsible for any incorrect or inaccurate Content posted on the app or in connection with the app, whether caused by users of the app, Members or by any of the equipment or programming associated with or utilized in the app.  Amicurious is not responsible for the conduct, whether online or offline, of any user or member of the app.  Amicurious assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.  Amicurious is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the app.  Under no circumstances will Amicurious or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the app, any Content posted on the app or transmitted to Members, or any interactions between users of the app, whether online or offline.  The app and related services are provided “AS-IS” and Amicurious expressly disclaims any warranty of fitness for a particular purpose or non-infringement.  Amicurious cannot guarantee and does not promise any specific results from use of the app.

In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the app is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice.  Amicurious makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the app.  If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

Links.  The app may provide, or third parties may provide, links to other web sites or apps (the “resources”).  Because Amicurious has no control over such resources, you acknowledge and agree that Amicurious is not responsible for the availability of such external resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such resources.  You further acknowledge and agree that Amicurious 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 upon, any such Content, goods or services available on or through any such resources.

Limitation on Liability.  Except in jurisdictions where such provisions are restricted, in no event will Amicurious be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the app, even if Amicurious has been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, Amicurious’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Amicurious for the Service during the term of membership.

U.S. Export Controls.  Software from this app (the “Software”) is further subject to United States export controls.  No Software may be downloaded from the app or otherwise exported or re-exported (i) into (or to a national or resident of) any Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Jurisdiction and Choice of Law.  If there is any dispute arising out of the app or use of the app, you expressly agree that any such dispute shall be governed by the laws of the District of Columbia, without regard to its conflict of law provisions.

Mediation and Arbitration.  You expressly agree that every dispute or difference between you and Amicurious (the “Parties”) arising under this Agreement or your use of the app shall be settled first by a meeting of the Parties attempting to confer and resolve the dispute in a good faith manner.  If the Parties cannot resolve their dispute after conferring, Amicurious may submit the matter to nonbinding mediation, utilizing the services of a professional mediator selected by Amicurious.  If the Parties cannot come to an agreement following mediation, the Parties agree to submit the matter to binding arbitration in the District of Columbia.  The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.  An award of arbitration shall be final and binding on the Parties and may be confirmed in a court of competent jurisdiction.

Indemnity by You.  You agree to indemnify and hold Amicurious, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the app in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

Entire Agreement. This Agreement contains the entire agreement between you and Amicurious regarding the use of the app.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.