Terms and Conditions

Last updated: May 20, 2022

Please read these terms and conditions carefully before using Our Services.

Acknowledgment of Terms and Conditions: These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

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

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service. By downloading or using this service, (1) You are acknowledging and agreeing that you have reviewed and agreed to the entirety of Terms and Conditions of this agreement. (2) You have the legal capacity, and you agree to comply with these Terms of Use (3) You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Site/App If You do not agree to these terms do not continue use of this Site/App.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company available below: https://app.termly.io/document/privacy-policy/ecf58603-ef2d-4cd7-902f-ff6c983af806

Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about

Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscription period: The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring monthly basis. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations: If the Subscription has been made through an In-app Purchase, You can cancel the renewal of Your Subscription with the Application Store. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Fees: This Subscription has been made through an In-app Purchase through the Apple app Store or Google Play Store. All billing is handled by the Application Store and is governed by the Application Store’s own terms and conditions. Paid services will remain in effect until canceled or terminated through the App store.

Fee Changes: The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current subscription period. If You do not cancel your subscription through the App store, the new fees will apply to You upon your next monthly payment. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Automatic Subscription Renewals: To ensure uninterrupted Services we will automatically bill you for Paid Services each month from the date you select until cancellation of Your subscription. We will automatically charge you the applicable amount through Your mobile app store (e.g., Apple Store) and by agreeing to this Agreement, You authorize us to do this.

Payment Processor: We use third party payment processors via your mobile app store to receive payment. Payment processing will be subject to the App Store’s terms and conditions.

Additionally, by downloading this app, You are agreeing to pay us through said payment processor. We reserve the right to make corrections as needed.

Taxes:

All fees are and will remain responsible for all taxes that apply.

Refunds: Except when required by law, paid Subscription fees are non-refundable.

If the Subscription has been made through an In-app purchase, the Application Store’s refund policy will apply. If You wish to request a refund, You may do so by contacting the Application Store directly.

The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.

Updates: We reserve the right to change, modify or remove the contents of the App at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the App without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, uninterrupted service or discontinuance of the site.

Your Right to Submit Content: Our Service allows You to submit Content. You are responsible for the Content that You submit to the Service, including its legality, reliability, and appropriateness.

By submitting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

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.

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.

Prohibited Activities: You may not access the App for any purpose other than that for which we make the site available. The App may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of this App, you agree “not to”:

Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.
Modify, adapt, or create works of improvements of the mobile app
Use any information obtained from App in a manner inconsistent with any applicable laws or regulations.
Violate local, state, national, or international laws, policies or regulations relating to use of the mobile app.
Engage in unauthorized framing or linking to the App.
Interfere with, disrupt or create an undue burden on the App or the networks or services connected to this Mobile App.
Tamper with any trademarks or copyright.
Attempt to impersonate another user or person.
Circumvent, disable or otherwise interfere with the security related features of the site.
Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics or interchange formats.
Use your site in an effort to compete with you, or otherwise use your App and or its content for any revenue-generating or commercial enterprise.
Copy the Mobile App or related content in whole or in part.
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:
- False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content submission is appropriate and complies with these Terms. The

Company further reserves the right to make formatting and edits and change the manner of any Content. You agree that under no circumstances will the Company be liable in any way for any content, including any errors, omissions or accuracy of any content, or any loss or damage of any kind incurred as a result of your use of any content. 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.

Geographic Restrictions: This App is intended for use within the United States. This Mobile App may not comply with laws outside of the United States. You are responsible to comply with the law of the land.

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.

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 lacey@ropingcalendar.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

Intellectual Property: 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 prior written consent of the Company.

Links to Other Websites: 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 and privacy policies of any third-party web sites or services that You visit.

Advertisers: We allow third party advertisers to display their advertisement and other information in certain areas of the App. If you are an advertiser, you shall take full responsibility for any advertisement you place on the App and any services you provide. Further as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the App Including but not limited to intellectual property rights, publicity rights and contractual rights. We simply provide the space to place such advertisements and we have no other relationship with advertisers. Additionally, advertisers are solely responsible for the policies and procedures related to their company.

Termination:We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. You may terminate the license at any time by uninstalling this app providing that conditions of this agreement shall still apply to your use of the Mobile App that occurred prior to your termination or use.

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

Limitation of Liability: In no event will we or our directors, employees or agents be 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 this Mobile App, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our 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 us during the six (6) month period prior to any cause of action arising.

Indemnification: You agree to defend, indemnify, and hold 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 by any third party due to or arising out of: (1) Your Contributions, (2) Use of the App (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights, or (6) any overt harmful act toward any other user of the App with whom you connected via the platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at Your expense, with our defense of such claims. Roping Calendar assumes no responsibility for any goods or services you purchase or utilize in connection with the Mobile App.

“AS IS” and “AS AVAILABLE” Disclaimer: The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. 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 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; 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: These Terms of Use and your use of the Mobile App are governed by and construed in accordance with the laws of the State of Arizona applicable to agreements made and to be entirely performed within the State of Arizona, without regard to its conflict of law principles.

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. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “parties”), the parties agree to first attempt to negotiate any Dispute (except any disputes expressly listed) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

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.

Translation Interpretation: These Terms and Conditions 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.

By continuing to access 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 website and the Service.

Contact Us: If you have any questions about these Terms and Conditions, You can contact us by posted mail.