Terms of Use

Last updated: 10 December 2021

By using the 37CELLS App you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the App.

37CELLS may modify these Terms of Use at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use.

Use of Content

The content contained on 37CELLS, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look and feel (collectively, the “Content”), is protected by copyright, trademark. Unauthorized use of the Content may violate copyright, trademark, and other laws. You may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of 37CELLS and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of 37CELLS, “mirror” on any other server any material contained on any 37CELLS Site or App. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of 37CELLS.

The 37CELLS App you download, including without limitation any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, 37CELSS HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, 37CELLS SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY, ERROR OR FAILURE OF THE SOFTWARE.

Public Forums and Communication

“Public Forum” means an area, site or feature that offers the opportunity for users to submit content (“User Submissions”) for viewing by one or more users, including without limitation a message board, forum, social community environment, conversation page, or blog.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding other users, service providers, or any other third party. You may be held legally responsible for damages suffered by other users, 37CELLS or third parties as a result of legally actionable or defamatory comments, remarks or other information or content that you post to a Site. 37CELLS is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.

You are and will remain solely responsible for the User Submissions you distribute on or through any Site in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission. By submitting material to 37CELLS, you automatically grant, or warrant that the owner of such material has expressly granted, 37CELLS the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user’s personal use.

You acknowledge that your use or reliance upon any User Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of users or the information they post in any Public Forum. Therefore, we recommend that you be careful and exercise common sense and good judgment when using any site or Public Forum.

Rules of Conduct: you agree that you will not submit any User Submission on any 37CELLS Site that:

is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
is bigoted, hateful, or racially or otherwise offensive;
is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a User Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
contains a virus or other harmful component, or otherwise tampers with, impairs or damages the 37CELLS App or site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the 37Cells App;
(a) does not generally pertain to the designated topic or theme of the relevant Public Forum;
(b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or
(c) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet; or
is false or misleading.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any User Submission from any 37CELLS Site that violates these Terms of Use (including the Rules of Conduct).

Accounts

Some services on the 37CELLS Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.

We may suspend or terminate your account and your ability to use any 37CELLS App or Site or portion thereof for failure to comply with these Terms of Use or any special terms related to a particular service.

37CELLS Liability

37CELLS makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the 37CELLS and the Content. Any use of the 37CELLS App and Sites and the Content is at your own risk. Changes are periodically made and may be made at any time. 37CELLS further reserves the right to modify, suspend, or discontinue any service on or feature of the 37CELLS App (including any changes to or removal of Content) at any time with or without notice to you, and 37CELLS shall not be liable to you or to any third party should it exercise such rights. Some Content on the 37CELLS Sites may be provided by third parties and 37CELLS will not be held responsible for any such Content provided by third parties.

37CELLS DOES NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE OR THAT THE GARMIN APP OR THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE 37CELLS APP OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, 37CELLS WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE 37CELLS APP AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. 37CELLS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

37CELLS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION OR DATA SUBMITTED BY YOU IN CONNECTION WITH ANY SERVICE ON OR FEATURE OF THE 37CELLS APP, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION OR DATA IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE 37CELLS FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

37CELLS IS NOT RESPONSIBLE FOR ANY DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF ANY SERVICE ON OR FEATURE OF THE 37CELLS APP.

Disclaimer of Certain Damages

Your use of the 37CELLS is at your own risk. If you are dissatisfied with any of the Content, other contents, any service on, or feature of the 37CELLS App or with these Terms and Conditions, your sole remedy is to discontinue use.

IN NO EVENT WILL 37CELLS OR ANY THIRD PARTIES MENTIONED BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE 37CELLS APP AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 37CELLS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY GROSS NEGLIGENCE, PERSONAL INJURY OR DEATH, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE 37CELLS’ LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT SUCH EXCLUSION OR LIMITATION IS ALLOWABLE UNDER THE APPLICABLE LAW.

In no event shall the total liability of 37CELLS to you for all losses and damages, including for any implied warranties, exceed the total amount you paid 37CELLS to use any service on or feature of the 37CELLS App.

Links to Other Sites

The 37CELLS App may contain links to third party websites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by 37CELLS of the contents on such third-party websites. 37CELLS is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party websites or the privacy practices of such third parties. If you decide to access linked third-party websites, you do so at your own risk.

Indemnity

By using the 37CELLS App, you agree, to the extent permitted by law, to defend, indemnify, and hold harmless 37CELLS, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use or your violation of any law or rights of a third party.

Export Control

The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Content to countries or persons prohibited under export control laws. By downloading the Content, you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Content.

General

Except to the extent expressly provided in the following paragraph, all legal issues arising from or related to your use of the 37CELLS App and these Terms of Use shall be construed in accordance with and governed by the laws of the State of Queensland in Australia. By using the 37CELLS App, you agree to submit to the personal and exclusive jurisdiction of Australia. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

If you are under the age of majority in your country of residence, you should review these Terms of Use with a parent or guardian to ensure that you and parent or legal guardian understand these Terms of Use.