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Last updated March 31, 2025
AGREEMENT TO OUR LEGAL TERMS
We are EverySpend, Inc, doing business as 101+ ("Company,""we," "us," "our"), acompany registered in Arkansas, United States at 417 Main St, Little Rock, AR72201.
We operate the website https://www.101.plus (the "Site"), themobile application 101+ (the "App"), as well as any otherrelated products and services that refer or link to these legal terms (the"Legal Terms") (collectively, the "Services").
Discover your path to a longer, healthier life. Getpersonalized health insights, track progress, and optimize your vitality withscience-backed strategies. Unlock the future of longevity with science-backedstrategies designed to enhance your healthspan and extend your lifespan. Ourapp delivers personalized insights, expert-guided interventions, andcutting-edge supplements—all tailored to optimize your cellular health, energy,and overall vitality. Track progress, uncover what your body needs, and take controlof your health journey. Live healthier, longer, and stronger.
You can contact us by email at help@101.plus or by mail to417 Main St, Little Rock, AR 72201, United States.
These Legal Terms constitute a legally binding agreementmade between you, whether personally or on behalf of an entity ("you"),and EverySpend, Inc, concerning your access to and use of the Services. Youagree that by accessing the Services, you have read, understood, and agreed tobe bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESELEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOUMUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduledchanges to the Services you are using. The modified Legal Terms will becomeeffective upon posting or notifying you by privacy@101.plus, as stated in theemail message. By continuing to use the Services after the effective date ofany changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18years old. Persons under the age of 18 are not permitted to use or register forthe Services.
We recommend that you print a copy of these Legal Terms foryour records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. SUBSCRIPTIONS
8. RETURN POLICY
9. SOFTWARE
10. PROHIBITED ACTIVITIES
11. USER GENERATED CONTRIBUTIONS
12. CONTRIBUTION LICENSE
13. MOBILE APPLICATION LICENSE
14. THIRD-PARTY WEBSITES AND CONTENT
15. SERVICES MANAGEMENT
16. PRIVACY POLICY
17. TERM AND TERMINATION
18. MODIFICATIONS AND INTERRUPTIONS
19. GOVERNING LAW
20. DISPUTE RESOLUTION
21. CORRECTIONS
22. DISCLAIMER
23. LIMITATIONS OF LIABILITY
24. INDEMNIFICATION
25. USER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27. SMS TEXT MESSAGING
28. CALIFORNIA USERS AND RESIDENTS
29. MISCELLANEOUS
30. CONTACT US
1. OUR SERVICES
The information provided when using the Services is notintended for distribution to or use by any person or entity in any jurisdictionor country where such distribution or use would be contrary to law orregulation or which would subject us to any registration requirement withinsuch jurisdiction or country. Accordingly, those persons who choose to accessthe Services from other locations do so on their own initiative and are solelyresponsible for compliance with local laws, if and to the extent local laws areapplicable.
The Services are not tailored to comply withindustry-specific regulations (Health Insurance Portability and AccountabilityAct (HIPAA), Federal Information Security Management Act (FISMA), etc.), so ifyour interactions would be subjected to such laws, you may not use theServices. You may not use the Services in a way that would violate theGramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectualproperty rights in our Services, including all source code, databases,functionality, software, website designs, audio, video, text, photographs, andgraphics in the Services (collectively, the "Content"), as well asthe trademarks, service marks, and logos contained therein (the"Marks").
Our Content and Marks are protected by copyright andtrademark laws (and various other intellectual property rights and unfaircompetition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through theServices "AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, includingthe "PROHIBITED ACTIVITIES"section below, we grant you a non-exclusive, non-transferable, revocablelicense to:
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our LegalTerms, no part of the Services and no Content or Marks may be copied,reproduced, aggregated, republished, uploaded, posted, publicly displayed,encoded, translated, transmitted, distributed, sold, licensed, or otherwiseexploited for any commercial purpose whatsoever, without our express priorwritten permission.
If you wish to make any use of the Services, Content, orMarks other than as set out in this section or elsewhere in our Legal Terms,please address your request to: help@101.plus. If we ever grant you thepermission to post, reproduce, or publicly display any part of our Services orContent, you must identify us as the owners or licensors of the Services,Content, or Marks and ensure that any copyright or proprietary notice appearsor is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and tothe Services, Content, and Marks.
Any breach of these Intellectual Property Rights willconstitute a material breach of our Legal Terms and your right to use ourServices will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" sectioncarefully prior to using our Services to understand the (a) rights you give usand (b) obligations you have when you post or upload any content through theServices.
Submissions: By directly sending us any question,comment, suggestion, idea, feedback, or other information about the Services("Submissions"), you agree to assign to us all intellectual propertyrights in such Submission. You agree that we shall own this Submission and beentitled to its unrestricted use and dissemination for any lawful purpose,commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: Bysending us Submissions through any part of the Services you:
You are solely responsible for your Submissions and youexpressly agree to reimburse us for any and all losses that we may sufferbecause of your breach of (a) this section, (b) any third party’s intellectualproperty rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1)all registration information you submit will be true, accurate, current, andcomplete; (2) you will maintain the accuracy of such information and promptlyupdate such registration information as necessary; (3) you have the legalcapacity and you agree to comply with these Legal Terms; (4) you are not aminor in the jurisdiction in which you reside; (5) you will not access theServices through automated or non-human means, whether through a bot, script orotherwise; (6) you will not use the Services for any illegal or unauthorizedpurpose; and (7) your use of the Services will not violate any applicable lawor regulation.
If you provide any information that is untrue, inaccurate,not current, or incomplete, we have the right to suspend or terminate youraccount and refuse any and all current or future use of the Services (or anyportion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. Youagree to keep your password confidential and will be responsible for all use ofyour account and password. We reserve the right to remove, reclaim, or change ausername you select if we determine, in our sole discretion, that such usernameis inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as possiblethe colors, features, specifications, and details of the products available onthe Services. However, we do not guarantee that the colors, features,specifications, and details of the products will be accurate, complete,reliable, current, or free of other errors, and your electronic display may notaccurately reflect the actual colors and details of the products. All productsare subject to availability, and we cannot guarantee that items will be instock. We reserve the right to discontinue any products at any time for anyreason. Prices for all products are subject to change.
6. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide current, complete, and accuratepurchase and account information for all purchases made via the Services. Youfurther agree to promptly update account and payment information, includingemail address, payment method, and payment card expiration date, so that we cancomplete your transactions and contact you as needed. Sales tax will be addedto the price of purchases as deemed required by us. We may change prices at anytime. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effectfor your purchases and any applicable shipping fees, and you authorize us tocharge your chosen payment provider for any such amounts upon placing yourorder. We reserve the right to correct any errors or mistakes in pricing, evenif we have already requested or received payment.
We reserve the right to refuse any order placed through theServices. We may, in our sole discretion, limit or cancel quantities purchasedper person, per household, or per order. These restrictions may include ordersplaced by or under the same customer account, the same payment method, and/ororders that use the same billing or shipping address. We reserve the right tolimit or prohibit orders that, in our sole judgment, appear to be placed bydealers, resellers, or distributors.
7. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renewunless canceled. You consent to our charging your payment method on a recurringbasis without requiring your prior approval for each recurring charge, untilsuch time as you cancel the applicable order. The length of your billing cycleis annual.
Cancellation
You can cancel your subscription at any time by logging intoyour account. Your cancellation will take effect at the end of the current paidterm. If you have any questions or are unsatisfied with our Services, pleaseemail us at help@101.plus.
Fee Changes
We may, from time to time, make changes to thesubscription fee and will communicate any price changes to you in accordancewith applicable law.
8. RETURN POLICY
All sales are final and no refund will be issued.
9. SOFTWARE
We may include software for use in connection with ourServices. If such software is accompanied by an end user license agreement("EULA"), the terms of the EULA will govern your use of the software.If such software is not accompanied by a EULA, then we grant to you anon-exclusive, revocable, personal, and non-transferable license to use suchsoftware solely in connection with our services and in accordance with theseLegal Terms. Any software and any related documentation is provided "ASIS" without warranty of any kind, either express or implied, including,without limitation, the implied warranties of merchantability, fitness for aparticular purpose, or non-infringement. You accept any and all risk arisingout of use or performance of any software. You may not reproduce orredistribute any software except in accordance with the EULA or these LegalTerms.
10. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose otherthan that for which we make the Services available. The Services may not beused in connection with any commercial endeavors except those that arespecifically endorsed or approved by us.
As a user of the Services, you agree not to:
11. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content.We may provide you with the opportunity to create, submit, post, display,transmit, perform, publish, distribute, or broadcast content and materials tous or on the Services, including but not limited to text, writings, video,audio, photographs, graphics, comments, suggestions, or personal information orother material (collectively, "Contributions"). Contributions may beviewable by other users of the Services and through third-party websites. Assuch, any Contributions you transmit may be treated in accordance with theServices' Privacy Policy. When you create or make available any Contributions,you thereby represent and warrant that:
Any use of the Services in violation of the foregoingviolates these Legal Terms and may result in, among other things, terminationor suspension of your rights to use the Services.
12. CONTRIBUTION LICENSE
You and Services agree that we may access, store, process,and use any information and personal data that you provide following the termsof the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding theServices, you agree that we can use and share such feedback for any purposewithout compensation to you.
We do not assert any ownership over your Contributions. Youretain full ownership of all of your Contributions and any intellectualproperty rights or other proprietary rights associated with your Contributions.We are not liable for any statements or representations in your Contributionsprovided by you in any area on the Services. You are solely responsible foryour Contributions to the Services and you expressly agree to exonerate us fromany and all responsibility and to refrain from any legal action against usregarding your Contributions.
13. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you arevocable, non-exclusive, non-transferable, limited right to install and usethe App on wireless electronic devices owned or controlled by you, and toaccess and use the App on such devices strictly in accordance with the termsand conditions of this mobile application license contained in these LegalTerms. You shall not: (1) except as permitted by applicable law, decompile,reverse engineer, disassemble, attempt to derive the source code of, or decryptthe App; (2) make any modification, adaptation, improvement, enhancement,translation, or derivative work from the App; (3) violate any applicable laws,rules, or regulations in connection with your access or use of the App; (4)remove, alter, or obscure any proprietary notice (including any notice ofcopyright or trademark) posted by us or the licensors of the App; (5) use theApp for any revenue-generating endeavor, commercial enterprise, or otherpurpose for which it is not designed or intended; (6) make the App availableover a network or other environment permitting access or use by multipledevices or users at the same time; (7) use the App for creating a product,service, or software that is, directly or indirectly, competitive with or inany way a substitute for the App; (8) use the App to send automated queries toany website or to send any unsolicited commercial email; or (9) use anyproprietary information or any of our interfaces or our other intellectualproperty in the design, development, manufacture, licensing, or distribution ofany applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained fromeither the Apple Store or Google Play (each an "App Distributor") toaccess the Services: (1) the license granted to you for our App is limited to anon-transferable license to use the application on a device that utilizes theApple iOS or Android operating systems, as applicable, and in accordance withthe usage rules set forth in the applicable App Distributor’s terms of service;(2) we are responsible for providing any maintenance and support services withrespect to the App as specified in the terms and conditions of this mobileapplication license contained in these Legal Terms or as otherwise requiredunder applicable law, and you acknowledge that each App Distributor has noobligation whatsoever to furnish any maintenance and support services withrespect to the App; (3) in the event of any failure of the App to conform toany applicable warranty, you may notify the applicable App Distributor, and theApp Distributor, in accordance with its terms and policies, may refund thepurchase price, if any, paid for the App, and to the maximum extent permittedby applicable law, the App Distributor will have no other warranty obligationwhatsoever with respect to the App; (4) you represent and warrant that (i) youare not located in a country that is subject to a US government embargo, orthat has been designated by the US government as a "terroristsupporting" country and (ii) you are not listed on any US government listof prohibited or restricted parties; (5) you must comply with applicablethird-party terms of agreement when using the App, e.g., if you have a VoIPapplication, then you must not be in violation of their wireless data serviceagreement when using the App; and (6) you acknowledge and agree that the AppDistributors are third-party beneficiaries of the terms and conditions in thismobile application license contained in these Legal Terms, and that each AppDistributor will have the right (and will be deemed to have accepted the right)to enforce the terms and conditions in this mobile application licensecontained in these Legal Terms against you as a third-party beneficiarythereof.
14. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site orApp) links to other websites ("Third-Party Websites") as well asarticles, photographs, text, graphics, pictures, designs, music, sound, video,information, applications, software, and other content or items belonging to ororiginating from third parties ("Third-Party Content"). SuchThird-Party Websites and Third-Party Content are not investigated, monitored,or checked for accuracy, appropriateness, or completeness by us, and we are notresponsible for any Third-Party Websites accessed through the Services or anyThird-Party Content posted on, available through, or installed from theServices, including the content, accuracy, offensiveness, opinions,reliability, privacy practices, or other policies of or contained in theThird-Party Websites or the Third-Party Content. Inclusion of, linking to, orpermitting the use or installation of any Third-Party Websites or anyThird-Party Content does not imply approval or endorsement thereof by us. If youdecide to leave the Services and access the Third-Party Websites or to use orinstall any Third-Party Content, you do so at your own risk, and you should beaware these Legal Terms no longer govern. You should review the applicableterms and policies, including privacy and data gathering practices, of anywebsite to which you navigate from the Services or relating to any applicationsyou use or install from the Services. Any purchases you make throughThird-Party Websites will be through other websites and from other companies,and we take no responsibility whatsoever in relation to such purchases whichare exclusively between you and the applicable third party. You agree andacknowledge that we do not endorse the products or services offered onThird-Party Websites and you shall hold us blameless from any harm caused byyour purchase of such products or services. Additionally, you shall hold usblameless from any losses sustained by you or harm caused to you relating to orresulting in any way from any Third-Party Content or any contact withThird-Party Websites.
15. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1)monitor the Services for violations of these Legal Terms; (2) take appropriatelegal action against anyone who, in our sole discretion, violates the law orthese Legal Terms, including without limitation, reporting such user to lawenforcement authorities; (3) in our sole discretion and without limitation,refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portion thereof;(4) in our sole discretion and without limitation, notice, or liability, toremove from the Services or otherwise disable all files and content that areexcessive in size or are in any way burdensome to our systems; and (5)otherwise manage the Services in a manner designed to protect our rights andproperty and to facilitate the proper functioning of the Services.
16. PRIVACY POLICY
We care about data privacy and security. Please review ourPrivacy Policy: https://www.101.plus/terms-conditions. By using theServices, you agree to be bound by our Privacy Policy, which is incorporatedinto these Legal Terms. Please be advised the Services are hosted in the UnitedStates. If you access the Services from any other region of the world with lawsor other requirements governing personal data collection, use, or disclosurethat differ from applicable laws in the United States, then through yourcontinued use of the Services, you are transferring your data to the UnitedStates, and you expressly consent to have your data transferred to andprocessed in the United States.
17. TERM AND TERMINATION
These Legal Terms shall remain in full force and effectwhile you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGALTERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE ORLIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAINIP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUTLIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED INTHESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOURUSE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT ORINFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLEDISCRETION.
If we terminate or suspend your account for any reason, youare prohibited from registering and creating a new account under your name, afake or borrowed name, or the name of any third party, even if you may beacting on behalf of the third party. In addition to terminating or suspendingyour account, we reserve the right to take appropriate legal action, includingwithout limitation pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove thecontents of the Services at any time or for any reason at our sole discretionwithout notice. However, we have no obligation to update any information on ourServices. We will not be liable to you or any third party for any modification,price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at alltimes. We may experience hardware, software, or other problems or need toperform maintenance related to the Services, resulting in interruptions,delays, or errors. We reserve the right to change, revise, update, suspend,discontinue, or otherwise modify the Services at any time or for any reasonwithout notice to you. You agree that we have no liability whatsoever for anyloss, damage, or inconvenience caused by your inability to access or use the Servicesduring any downtime or discontinuance of the Services. Nothing in these LegalTerms will be construed to obligate us to maintain and support the Services orto supply any corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
These Legal Terms and your use of the Services are governedby and construed in accordance with the laws of the State of Arkansasapplicable to agreements made and to be entirely performed within the State ofArkansas, without regard to its conflict of law principles.
20. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,controversy, or claim related to these Legal Terms (each a "Dispute"and collectively, the "Disputes") brought by either you or us(individually, a "Party" and collectively, the "Parties"),the Parties agree to first attempt to negotiate any Dispute (except thoseDisputes expressly provided below) informally for at least thirty (30) daysbefore initiating arbitration. Such informal negotiations commence upon writtennotice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute throughinformal negotiations, the Dispute (except those Disputes expressly excludedbelow) will be finally and exclusively resolved by binding arbitration. YOUUNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE INCOURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conductedunder the Commercial Arbitration Rules of the American Arbitration Association("AAA") and, where appropriate, the AAA’s Supplementary Proceduresfor Consumer Related Disputes ("AAA Consumer Rules"), both of whichare available at the AmericanArbitration Association (AAA) website. Your arbitration fees and your shareof arbitrator compensation shall be governed by the AAA Consumer Rules and,where appropriate, limited by the AAA Consumer Rules. The arbitration may beconducted in person, through the submission of documents, by phone, or online.The arbitrator will make a decision in writing, but need not provide astatement of reasons unless requested by either Party. The arbitrator mustfollow applicable law, and any award may be challenged if the arbitrator failsto do so. Except where otherwise required by the applicable AAA rules orapplicable law, the arbitration will take place in Pulaski, Arkansas. Except asotherwise provided herein, the Parties may litigate in court to compelarbitration, stay proceedings pending arbitration, or to confirm, modify,vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather thanarbitration, the Dispute shall be commenced or prosecuted in the state andfederal courts located in Pulaski, Arkansas, and the Parties hereby consent to,and waive all defenses of lack of personal jurisdiction, and forum nonconveniens with respect to venue and jurisdiction in such state and federalcourts. Application of the United Nations Convention on Contracts for theInternational Sale of Goods and the Uniform Computer Information Transaction Act(UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Partyrelated in any way to the Services be commenced more than one (1) years afterthe cause of action arose. If this provision is found to be illegal orunenforceable, then neither Party will elect to arbitrate any Dispute fallingwithin that portion of this provision found to be illegal or unenforceable andsuch Dispute shall be decided by a court of competent jurisdiction within thecourts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited tothe Dispute between the Parties individually. To the full extent permitted bylaw, (a) no arbitration shall be joined with any other proceeding; (b) there isno right or authority for any Dispute to be arbitrated on a class-action basisor to utilize class action procedures; and (c) there is no right or authorityfor any Dispute to be brought in a purported representative capacity on behalfof the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are notsubject to the above provisions concerning informal negotiations bindingarbitration: (a) any Disputes seeking to enforce or protect, or concerning thevalidity of, any of the intellectual property rights of a Party; (b) anyDispute related to, or arising from, allegations of theft, piracy, invasion ofprivacy, or unauthorized use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party will electto arbitrate any Dispute falling within that portion of this provision found tobe illegal or unenforceable and such Dispute shall be decided by a court ofcompetent jurisdiction within the courts listed for jurisdiction above, and theParties agree to submit to the personal jurisdiction of that court.
21. CORRECTIONS
There may be information on the Services that containstypographical errors, inaccuracies, or omissions, including descriptions,pricing, availability, and various other information. We reserve the right tocorrect any errors, inaccuracies, or omissions and to change or update theinformation on the Services at any time, without prior notice.
22. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLEBASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TOTHE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ORREPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT ORTHE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES ANDWE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/ORANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO ORTHROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS INANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS ARESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADEAVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRDPARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE APARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASEOF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULDUSE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTSBE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THESERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOUFOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALLTIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURINGTHE three (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $10,000.00USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ONIMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESELAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOTAPPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,including our subsidiaries, affiliates, and all of our respective officers,agents, partners, and employees, from and against any loss, damage, liability,claim, or demand, including reasonable attorneys’ fees and expenses, made byany third party due to or arising out of: (1) use of the Services; (2) breachof these Legal Terms; (3) any breach of your representations and warranties setforth in these Legal Terms; (4) your violation of the rights of a third party,including but not limited to intellectual property rights; or (5) any overtharmful act toward any other user of the Services with whom you connected viathe Services. Notwithstanding the foregoing, we reserve the right, at yourexpense, to assume the exclusive defense and control of any matter for whichyou are required to indemnify us, and you agree to cooperate, at your expense,with our defense of such claims. We will use reasonable efforts to notify youof any such claim, action, or proceeding which is subject to thisindemnification upon becoming aware of it.
25. USER DATA
We will maintain certain data that you transmit to theServices for the purpose of managing the performance of the Services, as wellas data relating to your use of the Services. Although we perform regularroutine backups of data, you are solely responsible for all data that youtransmit or that relates to any activity you have undertaken using theServices. You agree that we shall have no liability to you for any loss orcorruption of any such data, and you hereby waive any right of action againstus arising from any such loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES
Visiting the Services, sending us emails, and completingonline forms constitute electronic communications. You consent to receiveelectronic communications, and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically, viaemail and on the Services, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OFNOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US ORVIA THE SERVICES. You hereby waive any rights or requirements under anystatutes, regulations, rules, ordinances, or other laws in any jurisdictionwhich require an original signature or delivery or retention of non-electronicrecords, or to payments or the granting of credits by any means other thanelectronic means.
27. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages fromus, simply reply to the text with "STOP.” You may receive an SMS messageconfirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to anySMS messages sent or received. The rates are determined by your carrier and thespecifics of your mobile plan.
Support
If you have any questions or need assistance regarding ourSMS communications, please email us at help@101.plus.
28. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, youcan contact the Complaint Assistance Unit of the Division of Consumer Servicesof the California Department of Consumer Affairs in writing at 1625 NorthMarket Blvd., Suite N 112, Sacramento, California 95834 or by telephone at(800) 952-5210 or (916) 445-1254.
29. MISCELLANEOUS
These Legal Terms and any policies or operating rules postedby us on the Services or in respect to the Services constitute the entireagreement and understanding between you and us. Our failure to exercise orenforce any right or provision of these Legal Terms shall not operate as awaiver of such right or provision. These Legal Terms operate to the fullestextent permissible by law. We may assign any or all of our rights andobligations to others at any time. We shall not be responsible or liable for anyloss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these LegalTerms is determined to be unlawful, void, or unenforceable, that provision orpart of the provision is deemed severable from these Legal Terms and does notaffect the validity and enforceability of any remaining provisions. There is nojoint venture, partnership, employment or agency relationship created betweenyou and us as a result of these Legal Terms or use of the Services. You agreethat these Legal Terms will not be construed against us by virtue of havingdrafted them. You hereby waive any and all defenses you may have based on theelectronic form of these Legal Terms and the lack of signing by the partieshereto to execute these Legal Terms.
30. CONTACT US
In order to resolve a complaint regarding the Services or toreceive further information regarding use of the Services, please contact usat:
EverySpend, Inc
417 Main St
Little Rock, AR 72201
United States
help@101.plus