Privacy Policy

Note: This Privacy Policy is effective as of May 23, 2015

Thank you for using Backspace® by WR Industries, LLC (“Backspace”). We provide a private and authentic environment to share and enjoy content among friends. We wrote this policy to help you understand what information we collect, how we use it, and what choices you have regarding your information.

Because we’re an Internet company, some of the concepts below are a little technical, but we’ve tried our best to explain things in a simple and clear way.

Your privacy is extremely important to us. Our goal is to provide you with a personalized mobile experience that provides you with the information, resources, and services that are most relevant and helpful to you.

The Privacy Policy discusses, among other things, how data obtained during your visit to this website and use of the mobile application (“App”) may be collected and used.

We strongly recommend that you read the Privacy Policy carefully. By using this website and App, you agree to be bound by the terms of this Privacy Policy. If you do not accept the terms of the Privacy Policy, you are directed to discontinue accessing or otherwise using the website, App, or any materials obtained from either. If you are dissatisfied with the website or App, by all means Contact Us. Otherwise, your only recourse is to remove your profile from this site from Settings in the App and refrain from visiting the site in the future.

The process of maintaining a website and App is an evolving one, and we may decide at some point in the future, without advance notice, to modify the terms of this Privacy Policy. Your use of the website, App, or materials obtained from the either, indicates your acceptance to the Privacy Policy at the time of such use. The effective Privacy Policy will be posted on the website, and you should check upon every visit for any changes. The Privacy Policy is also made part of the Terms and Conditions, by reference.

Sites Covered by this Privacy Policy

This Privacy Policy applies to all of our maintained mobile apps, websites, domains, information portals, and registries, including backspaceapp.co.

Children’s Privacy

We are committed to protecting the privacy needs of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. We do not intentionally collect information from minors, and do not target our website to children. Children under the age of 13 are prohibited from using the Website or Products. If you learn that your minor child has provided us with personal information without your consent, please Contact Us.

Links to Non-Operators Websites

Our website and App provide links to third-party websites for the convenience of our users. If you access those links, you will leave our website. We do not control these third-party websites and cannot represent that their policies and practices will be consistent with this Privacy Policy. For example, other websites may collect or use personal information about you in a manner different from that described in this document. Therefore, you should use other websites with caution, and you do so at your own risk. We encourage you to review the privacy policy of any website before submitting personal information.

Types of Information We Collect

These days, whenever you use a website, mobile application, or other Internet service, there’s certain information that almost always gets created and recorded in an automated way. The same is true when you use our products and here are some of the types of information we collect in this way:

Non-Personal Information

Non-personal information is data about usage and service operation that is not directly associated with a specific personal identity. We may collect and analyze non-personal information to evaluate how visitors use our websites.

Aggregate Information

We may gather aggregate information, which refers to information your computer or smartphone automatically provides to us and that cannot be tied back to you as a specific individual. Examples include referral data (the websites you visited just before and just after our site), the pages viewed, time spent at our Website, and Internet Protocol (IP) addresses. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. For example, when you request a page from one of our sites, our servers log your IP address to create aggregate reports on user demographics and traffic patterns and for purposes of system administration.

Log Files

Every time you request or download a file from the website or App, we may store data about these events and your IP address in a log file. We may use this information to analyze trends, administer the website, track users’ movements, and gather broad demographic information for aggregate use or for other business purposes. For example, when you use Backspace, our servers automatically record information about your interaction with our products (“log data”), including information that your browser or phone sends whenever you visit a website or the App sends when you use it to access Backspace. This log data may also include browser type and settings, the date and time of your request, and how you used Backspace.

In addition to log data, we may also collect information about the device you’re using Backspace on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers and crash data. Whether we collect some or all of this information often depends on what type of device you’re using and our settings. For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.

Cookies

Our site may use a feature of your browser to set a “cookie” on your computer. Cookies are small packets of information that a website’s computer stores on your computer or a smartphone stores on the system. Our websites and App can then read the cookies whenever you visit our site. We may use cookies in a number of ways, such as to save your password so you don’t have to re-enter it each time you visit our site or use the App, to deliver content specific to your interests. These cookies allow us to use the information we collect to personalize and customize your experience so that your visit to our site is as relevant and as valuable to you as possible. For example, we may use cookies to store your language preferences or other Backspace settings so you don’t have to set them up every time you visit the site or use the App.

Most browser software can be set up to deal with cookies. You may modify your browser preference to provide you with choices relating to cookies. You have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject cookies, certain of the functions and conveniences of our website may not work properly, and you may be unable to use those services that require registration in order to participate, or you will have to re-register each time you visit our site. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. Smartphones however cannot be adjusted to stop accepting local files from the App. While you are on our site or using the App, we do not link non-personal information from cookies to personally identifiable information without your permission.

Web Beacons

Our website also may use web beacons to collect non-personal information about your use of our website and the websites of selected sponsors or users, your use of special promotions or newsletters, and other activities. The information collected by web beacons allows us to statistically monitor how many people are using our website and selected sponsors’ sites; how many people open our emails; and for what purposes these actions are being taken. Our web beacons are not used to track your activity outside of our website or those of our sponsors. We do not link non-personal information from web beacons to personally identifiable information without your permission.

Personal Information

Personal information is information that is associated with your name or personal identity. We use personal information to better understand your needs and interests and to provide you with better service on our site. We never share this with third parties.

You also may give us permission to access your information in other services – for example, you may link your Facebook, Twitter, Pinterest or email account to Backspace, which allows us to temporarily obtain information from those accounts (i.e., your friends or contacts). The information we obtain from those services often depends on your settings or their privacy policies, so be sure to check what those are.

NOTE: We will never post anything without your permission, nor will we ever store any of your personal contacts that you don’t want to be on our system.

When you sign up for or use our products, you voluntarily give us certain information. This can include your name, age range, gender, zip code, phone number, profile photo, comments, messages, email address you used to sign up, and any other information you provide us. If you’re using Backspace on your mobile device, you can also choose to provide us with additional location data.

Users-Only Websites

Information you provide on our registration application is used to create your user profile. By providing us with your personal information on your profile, you expressly consent to our storing, processing, and sharing this information with users you allow to follow you and those you choose to follow. Your name and profile image will also be searchable on our App to all registered users, unless you choose to hide your profile from search in the Settings section on the App.

How We Use Your Information

The information we collect may be “personally identifiable” (meaning it can be used to specifically identify you as a unique person) or “non-personally identifiable” (meaning it can’t be used to specifically identify you).

We use both types of information, and combinations of both types, as described above. We may use or store information wherever Backspace does business, including countries outside your own.

Instances were we may share your personal information include when we have your consent. This includes sharing information with other services (like Facebook, Twitter, Pinterest and your email provider) when you’ve chosen to link to your Backspace account to those services or publish your activity on Backspace to them or to let your Friends see what content you have posted at any time for their enjoyment.

For another example, you can choose to publish your personal uniform resource locator (PURL) to Facebook, Twitter, Pinterest or email group.

For yet another example, we may share data with a security consultant to help us get better at identifying spam or with our accountants to make sure we’re keeping the books right. We may employ these third party companies or individuals to process personal information on our behalf based on our instructions and in compliance with this Privacy Policy.

We may also use non-personal data that is aggregated for reporting about our Websites’ or Apps usability, performance, and effectiveness. It may be used to improve the experience and content of the sites, to make them better, more joyful and to give us information from which to develop new products and to protect Backspace users.

For example, we may log how often people use two different versions of a product, which can help us understand which version is better.

In addition, some of the information we request may be collected by third party providers on our behalf if we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or Backspace; or to detect, prevent, or otherwise address fraud, security or technical issues. Also, we may engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy.

We may also share aggregated or non-personally identifiable information with our affiliate partners or others. For example, we may tell a business using Backspace how many people follow an account that was created, or the percentage of people who click on a post after it’s been created.

We may use personal information to provide services that support the activities of the users on our site. For example, we may provide an application programming interface (API) for a blog widget and the sharing of a collar to the blog.

When we are accessing your Backspace or your activities on our site, your personal information may be tracked by us in order to support collaboration, ensure authorized access, enable communication between users and track your purchasing behavior outside of our site for the purposes of monitoring commissions due us from others.

We also use the information we collect to send you updates (such as when certain activity is required, like friend follow requests, comments or likes on your content, and other messages by friends) and to respond to your questions or comments.

Information Sharing

We will NEVER use the information we collect to permit advertisers to target, track or tag you while you are on our site or using the App. Your relationship with personal Friends on our site and App is always private, as are your interactions with those you choose to follow. Once you leave our site and App, however, you will subject to the terms, conditions and privacy policies of other websites and Apps, which may not have these standards.

We will not sell, rent, or lease any individual’s personal information or lists of email addresses to anyone for marketing purposes, and we take commercially reasonable steps to maintain the security of this information.

However, we reserve the right to supply any such information to any organization into which we may merge in the future or to which it may make any transfer in order to enable a third party to continue to track part or all of our commission.

We also reserve the right to release personal information to protect our systems or business, when we reasonably believe you to be in violation of our Terms of Use or if we reasonably believe you to have initiated or participated in any illegal activity. In addition, please be aware that in certain circumstances, we may be obligated to release your personal information pursuant to judicial or other government subpoenas, warrants, or other orders.

If you are a registered member of our website and App, you should be aware that some items of your personal information may be visible to other users. Our user databases may retain information about your name, email address, and such other personal address and identifying data as you choose to supply.

Given the potential international scope of our websites, personal information may be visible to persons outside your country of residence, including to persons in countries that your own country’s privacy laws and regulations deem deficient in ensuring an adequate level of protection for such information.

If you are unsure whether this Privacy Policy is in conflict with applicable local rules, you should not submit your information. If you are located within the European Union, you should note that your information will be transferred to the United States, which is deemed by the European Union to have inadequate data protection.

Nevertheless, in accordance with local laws implementing European Union Directive 95/46/EC of 24 October 1995 (“EU Privacy Directive”) on the protection of individuals with regard to the processing of personal data and on the free movement of such data, individuals located in countries outside of the United States of America who submit personal information do thereby consent to the general use of such information as provided in this Privacy Policy and to our transfer to and/or storage in the United States of America.

If you do not want your personal information collected and used by us, please do not visit our Websites, use the App, or apply for membership in any of our Websites.

Access to and Accuracy of Member Information

We are committed to keeping the personal information of our users accurate. All the information you have submitted to us can be verified and changed. In order to do this, please send us a request. We may provide users with online access to their own personal profiles, enabling them to update or delete information at any time. To protect our users’ privacy and security, we also may take reasonable steps to verify identity, such as a user ID and password, before granting access to modify personal profile data. Certain areas of the website may limit access to specific individuals through the use of passwords or other personal identifiers; a password prompt is your indication that a users-only resource is being accessed.

Security

We make every effort to protect personal information by users of the website, including using firewalls and other security measures on our servers. No server, however, is 100% secure, and you should take this into account when submitting personal or confidential information about yourself on any website or App, including this one. We assume no liability for the interception, alteration, or misuse of the information you provide. You alone are responsible for maintaining the secrecy of your personal information. Please use care when accessing this website and providing personal information.

Changes

We may change this policy from time to time, and if we do we’ll post any changes on this page as soon thereafter as reasonably required. If you continue to use Backspace after those changes are in effect, you agree to the revised policy. If the changes are significant, we may provide more prominent notice or if required by law, obtain your consent.

Opting Out

From time to time we may email you electronic or other information. If you prefer not to receive any or all of these communications, you may opt out by following the directions provided within the electronic announcements.

If you have questions regarding this privacy policy, please Contact Us.

Backspace® products and services are provided by WR Industries, LLC, to deliver the experience and joy of a private offer sharing environment among friends. (We will be referring to ourselves as “We” or “Our” in the Agreement; you will be referred to as “You”, the “User”, or the “Member”.)

These Terms of Service ("Terms") govern your access to and use of the Backspace mobile application service ("App"). Please read these Terms carefully, and Contact Us if you have any questions. By accessing or using our platform, you agree to be bound by these Terms and by our Privacy Policy.

We operate the App as a service to our users.

Please carefully review the following basic rules that govern your use of the App. Please note that your use of the App constitutes your unconditional agreement to follow and be bound by these Terms and Conditions of Use. If you (the "User") do not agree to them, please do not use the website and/or the App nor download or upload any materials to or from them.

We reserve the right to update or modify these Terms and Conditions at any time without prior notice to Users. Your use of the App following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the App.

These Terms and Conditions of Use apply to the use of the App and do not extend to any linked third party sites. Whenever the App or the business includes software that is downloaded to your computer, phone, tablet, or other devices these Terms will also apply and will to later upgrades as well.

These Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference, contain the entire agreement (the “Agreement”) between you and us with respect to the App. Any rights not expressly granted herein are reserved.

Permitted and Prohibited Uses

You may use the App for the sole purpose of sharing and exchanging content with other Users. You may not use the App to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.

You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the App any information the disclosure of which would constitute a violation of any confidentiality obligations you may have.

You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the App’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the App.

You are strictly prohibited from communicating on or through the App any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the App, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means.

You also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes. We shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and We reserve the right to terminate or suspend your access to and use of the App.

We note that unauthorized use of Users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. We reserve the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and we will fully cooperate with any authorities investigating violations of these laws. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use the App without our permission.

User Submissions

We do not want to receive confidential or proprietary information from you through the App. Any material, information, or other communication you transmit or post ("User Content") to the App will be considered non-confidential.

If you work for a company or at a University, it's likely that you're not the copyright holder of anything you make, even in your free time. Before making contributions to this site, get written permission from your employer.

Backspace allows you to post User Content, including profile photos, comments, and other materials. You retain all rights in any User Content that you post or otherwise make available on our App and are solely responsible and accountable for the User Content you post. You agree that all User Content may or may not be available for a certain period of time even after the item has been listed as expired.

You also grant Backspace and its users a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on Backspace solely for the purposes of operating, developing, providing, and using the Backspace App. All contributions to this site are also licensed by you to anyone who wishes to use them, including us.

Nothing in these Terms shall restrict other legal rights Backspace may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason including User Content that we believe violates these Terms or our policies.

Following termination or deactivation of your account, or if you remove any User Content from Backspace, we may retain your User Content for backup, archival, or audit purposes. Furthermore, Backspace and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through Backspace.

We also value hearing from our Users, and are always interested in learning about ways we can make Backspace more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Backspace does not waive any rights to use similar or related Feedback previously known to Backspace, or developed by its employees, or obtained from sources other than you.

User Discussion

We may, but are not obligated to, monitor or review any areas on the App where users transmit or post communications or communicate solely with each other, including but not limited to user comments and internal messages, and the content of any such communications. We, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We may edit or remove content on the App at our discretion at any time.

Use of Personally Identifiable Information

Information submitted to the App is governed according to our current Privacy Policy and the stated license of this application.

You agree to provide true, accurate, current, and complete information when registering with the App. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provides any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of the App.

Any use or access by anyone under the age of 13 is prohibited.

You MAY NOT open an account on behalf of a company, organization, or other commercial entity. All commercial are enterprises are referred to backspaceapp.co.

Although sections of the App may be viewed simply by visiting the App, in order to access some Content and/or additional features offered at the App, you may need to register as a member.

If you create an account on the App, you may be asked to supply your name, email, a User ID and password and other information. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the App using your account or User ID.

You grant us and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App and in the provision of services to you. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using this App. To learn more about how we protect the privacy of the personal information in your account, please visit our Privacy Policy.

Indemnification

You agree to defend, indemnify and hold harmless us and our agents, officers, directors, employees and agents, vendors or suppliers, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our App, (b) your User Content, or (c) your breach of any of these Terms, or (d) your use or misuse of the App, including, without limitation, your violation of these Terms and Conditions, our Privacy Policy, or the infringement by you or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity, and any actions of any advertiser who withdraws or misrepresents their offers to you or does not fulfill their promised redemption of these offers by you.

Termination

These Terms and Conditions of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms and Conditions, you must cease use of the App. If you are dissatisfied with the App, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using the App. We reserve the right to terminate or suspend your access to and use of the App, or parts of the App, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests, without notice to you.

WARRANTY DISCLAIMER

THE APPLICATION AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE MAKE NO REPRESENTATIONS OR WARRANTY THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OR SERVICES INCLUDED ON THE APPLICATION.

IN NO EVENT SHALL WE OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE APPLICATION. YOUR PARTICIPATION IN THE APPLICATION IS SOLELY AT YOUR OWN RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WE OR THROUGH WE, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE APPLICATION, THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK.

LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL WE OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APPLICATION OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE APPLICATION OR FOR ANY INFORMATION OBTAINED THROUGH THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APPLICATION OR PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

We also reserve the right to cancel and remove with no credit to you for any Loyalty Bones or other loyalty points you were awarded or earned if we should determine in our sole discretion that any advertiser campaign for endorsement or redemption opportunities is determined to be fraudulent

OUR TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE APPLICATION WILL NOT EXCEED ONE U.S. DOLLAR ($1.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT WE WOULD NOT PROVIDE THE APPLICATION ABSENT SUCH LIMITATION.

Links to Other Materials

Our App may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Backspace. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and We reserve the right to note its lack of affiliation, sponsorship, or endorsement on the App.

If you decide to access any of the third party sites linked to by the App, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Notification of Possible Copyright Infringement

In the event you believe that material or content published on the App may infringe on your copyright or that of another, please Contact Us.

Arbitration

For any dispute you have with Backspace or our owner WR Industries, LLC. you agree to first Contact Us and attempt to resolve the dispute with us informally.

If Backspace or WR Industries, LLC. has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

Unless you and Backspace or WR Industries, LLC. otherwise agree, the arbitration will be conducted in Missouri. Each party will be responsible for their own costs, including legal fees and any court costs. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BACKSPACE and WR INDUSTRIES, LLC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Missouri, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Missouri or the United States District Court for the Eastern District of Missouri, for any actions not subject to Arbitration.

General

The App is hosted in the United States and may be hosted elsewhere. We make no claims that the Content on the App is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms.

If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section.

The failure of us to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.

Any cause of action you may have with respect to your use of the App must be commenced within one (1) year after the claim or cause of action arises.

These Terms and the Privacy Policy set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.

Notification Procedures and changes to these Terms. Backspace reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website.

For us, notice shall be deemed given upon personal delivery or facsimile to an office of the WR Industries, LLC., or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing.

If a revision, in our sole discretion, is material we will notify you. By continuing to access or use of the website after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the site.

Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Backspace without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Backspace in connection with the App shall constitute the entire agreement between you and Backspace concerning the App. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Backspace or WR Industries, LLC’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.