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- " LegalLast Updated: September 21st, 2016Terms of servicePrivacy policy<p>Please
read this Terms of Use Agreement (the “<b>Terms of Use</b>”) carefully.\nThese Terms
of Use govern your use of the website located at: https://feedly.com (the “<b>Website</b>”),
the software application entitled “Feedly” (the “<b>App</b>”) and hosted services
enabled or available via the Website and App (the “<b>Services</b>”) that are offered
by feedly, Inc.\n(the “<b>Company</b>” or “<b>we</b>”).</p>\n<p>BY CLICKING ON THE
“I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE, USING
THE SERVICES, AND/OR DOWNLOADING THE APP, YOU REPRESENT THAT (1) YOU HAVE READ,
UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE
TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER
INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE
USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE.\nTHE TERM “YOU” REFERS TO THE
INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED
ON THE WEBSITE.\n<b>IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY
NOT ACCESS OR USE THE WEBSITE, APP OR SERVICES</b>.</p>\n<p>\n<b>THE TERMS OF USE
INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION
ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES</b>.</p>\n<p>Your use of, and participation
in certain Services may be subject to additional terms (“<b>Supplemental Terms</b>”)
and such Supplemental Terms will either be listed in these Terms or will be presented
to you for your acceptance when you sign up to use the supplement Service.\nIf these
Terms of Use and inconsistent with the Supplemental Terms, the Supplemental Terms
will control with respect to such Service.\nThese Terms of Use and any applicable
Supplemental Terms are referred to herein as the “<b>Terms</b>”.</p>\n<p>PLEASE
NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY THE COMPANY IN ITS SOLE DISCRETION
AT ANY TIME.\nWhen changes are made, the Company will make a new copy of the Terms
of Use available at the Website and within the App.\nWe will also update the “Last
Updated” date at the top of the Terms of Use.\nIf we make any material changes,
and you have registered with us to create an Account (as defined in Section 2.1
below), we will also send an e-mail to you at the last e-mail address you provided
to us pursuant to the Terms.\nAny changes to the Terms will be effective immediately
for new users of the Service, and will be effective thirty (30) days after posting
notice of such changes on the Website for existing users, provided that any material
changes shall be effective for users who have an Account with us upon the earlier
of thirty (30) days after posting notice of such changes on the Website or thirty
(30) days after dispatch of an e- mail notice of such changes to Registered Users
(defined in Section 2.1 below).\nThe Company may require you to provide consent
to the updated Terms in a specified manner before further use of the Service is
permitted.\nIf you do not agree to any change(s) after receiving a notice of such
change(s), you shall stop using the Services.\nOtherwise, your continued use of
the Services constitutes your acceptance of such change(s).\nPLEASE REGULARLY CHECK
THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.</p>1.\nUse of the Services<p>The Website,
App, and the Services provided by the Company via the Website and App (collectively,
the “<b>Company Properties</b>”) are protected by copyright laws throughout the
world.\nUnless otherwise specified by the Company in a separate license, your right
to use any Company Properties is subject to the Terms.</p>1.1 Application License<p>Subject
to your compliance with the Terms, the Company grants you a limited non-exclusive,
non-transferable, nonsublicensable, revocable license to download, install and use
a copy of the App on a single mobile device or computer that you own or control
and to run such copy of the App solely for your own personal or internal business
purposes.\nFurthermore, with respect to any App accessed through or downloaded from
the Apple App Store, Google Chrome Web Store, Google Play marketplace or any similar
store or marketing place (each, an “<b>App Store</b>” and references to an App Store
include the corporate entity and its subsidiaries making such App Store available
to you), you agree to comply with all applicable third party terms of the relevant
App Store (e.g.\nApple App Store’s “Usage Rules”) (the “<b>Usage Rules</b>”).\n</p>1.2
Updates<p>You understand that the Company Properties are evolving.\nAs a result,
the Company may require you to accept updates to the Company Properties that you
have installed on your computer or mobile device.\nYou acknowledge and agree that
the Company may update the Company Properties with or without notifying you.\nYou
may need to update third-party software (e.g.\nyour device’s operating system) from
time to time in order to use the Company Properties.</p>1.3 Certain Restrictions<p>The
rights granted to you in the Terms are subject to the following restrictions: (a)
you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute,
host or otherwise commercially exploit the Company Properties or any portion of
the Company Properties, (b) you shall not frame or utilize framing techniques to
enclose any trademark, logo, or other Company Properties (including images, text,
page layout or form) of the Company.\n(c) you shall not use any metatags or other
“hidden text” using Company’s name or trademarks.\n(d) you shall not modify, translate,
adapt, merge, make derivative works of, disassemble, decompile, reverse compile
or reverse engineer any part of the Company Properties except to the extent the
foregoing restrictions are expressly prohibited by applicable law.\n(e) access the
Company Properties in order to build a similar or competitive website, application
or service.\n(f) except as expressly stated herein, no part of the Company Properties
may be copied, reproduced, distributed, republished, downloaded, displayed, posted
or transmitted in any form or by any means.\nand (g) you shall not remove or destroy
any copyright notices or other proprietary markings contained on or in the Company
Properties.\nFor the purposes of clarity, the foregoing restrictions do not apply
to any Third Party Content (as defined in Section 4) made available via the Company
Properties.\nAny future release, update or other addition to the Company Properties
shall be subject to the Terms.\nThe Company, its suppliers and service providers
reserve all rights not granted in the Terms.\nAny unauthorized use of the Company
Properties terminates the licenses granted by the Company pursuant to the Terms.</p>1.4
Unauthorized Use<p>You agree that you will not, under any circumstances: (a) interfere
with or damage Company Properties, including, without limitation, through the use
of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service
attacks, packet or IP spoofing, forged routing or electronic mail address information,
or similar methods or technology.\n(b) modify or cause to be modified any files
that are a part of the Company Properties.\n(c) disrupt, overburden, or aid or assist
in the disruption or overburdening of: (i) any computer or server used to offer
or support the Company Properties.\nor (ii) the enjoyment of the Company Properties
by any other person.\n(d) attempt to gain unauthorized access to the Company Properties,
accounts registered to others, or to the computers, servers or networks connected
to the Company Properties by any means other than the User (as defined in Section
2.1) interface provided by Company, including, but not limited to, by circumventing
or modifying, attempting to circumvent or modify, or encouraging or assisting any
other person to circumvent or modify, any security, technology, device or software
that is part of the Company Properties.\n(e) access, tamper with or use non-public
areas of the Company Properties, the Company’s computer systems, or the technical
delivery systems of the Company’s providers.\n(f) attempt to probe, scan, or test
the vulnerability of any Company system or network, or breach any security or authentication
measures.\n(g) disrupt or interfere with the security of, or otherwise cause harm
to, the Company Properties, systems, resources, accounts, passwords, servers or
networks connected to or accessible through the Company Properties or any affiliated
or linked sites.\nor (h) avoid, bypass, remove, deactivate, impair, descramble,
or otherwise circumvent any technological measure implemented by the Company or
any of the Company’s providers or any other third party to protect the Company Properties.</p>2.\nRegistration2.1
Registering Your Account<p>In order to access certain features of the Company Properties
you may be required to become a Registered User.\nFor purposes of the Terms, a “<b>Registered
User</b>” is a user of the Services (“<b>User</b>”) who has registered an account
on the Website or App (“Account”), or has a valid account on the social networking
service (“SNS”) through which the User has connected to the App (each such account,
a “<b>Third-Party Account</b>”).</p>2.2 Access Through a SNS<p> If you access the
Services through a SNS, you may link your Account with Third-Party Accounts, by
allowing the Company to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party Account.\nYou
represent that you are entitled to disclose your Third-Party Account login information
to the Company and/or grant the Company access to your Third-Party Account (including,
but not limited to, for use for the purposes described herein) without breach by
you of any of the terms and conditions that govern your use of the applicable Third-Party
Account and without obligating the Company to pay any fees or making the Company
subject to any usage limitations imposed by such third-party service providers.\nYou
have the ability to disable the connection between your Account and your Third-Party
Accounts at any time by accessing the “Settings” section of the App.\nPLEASE NOTE
THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR
THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY
SERVICE PROVIDERS, AND COMPANY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE
INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN
VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS</p>2.3
Registration Data<p>In registering for use of the Services you agree to (1) provide
true, accurate, current and complete information about yourself as prompted by the
App’sregistration form (the “<b>Registration Data</b>”).\nand (2) maintain and promptly
update the Registration Data to keep it true, accurate, current and complete.\nYou
represent that you are (x) at least thirteen (13) years old.\n(y) of legal age to
form a binding contract.\nand (z) not a person barred from using the Company Properties
under the laws of the United States, your place of residence or any other applicable
jurisdiction.\nYou are responsible for all activities that occur under your Account.\nYou
agree that you shall monitor your Account to restrict use by minors, and you will
accept full responsibility for any unauthorized use of the Company Properties by
minors.\nYou may not share your Account or password with anyone, and you agree to
(a) notify the Company immediately of any unauthorized use of your password or any
other breach of security.\nand (b) exit from your Account at the end of each session.\nIf
you provide any information that is untrue, inaccurate, not current or incomplete,
or the Company has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, the Company has the right to suspend or terminate
your Account and refuse any and all current or future use of the Company Properties
(or any portion thereof).\nYou agree not to create an Account using a false identity
or information, or on behalf of someone other than yourself.\nYou agree that you
shall not have more than one Account per platform or SNS at any given time.\nYou
agree not to create an Account or use the Company Properties if you have been previously
removed by the Company, or if you have been previously banned from any of the Company
Properties.</p>2.4 Necessary Equipment and Software<p> You must provide all equipment
and software necessary to connect to the Company Properties, including but not limited
to, a mobile device that is suitable to connect with and use the Company Properties,
in the event you are using the App on a mobile device.\nYou are solely responsible
for any fees, including Internet connection or mobile fees, that you incur when
accessing the Company Properties.</p>3.\nOwnership3.1 Company Properties<p>You agree
that the Company and its suppliers own all rights, title and interest in the Company
Properties.\nYou will not remove, alter or obscure any copyright, trademark, service
mark or other proprietary rights notices incorporated in or accompanying the Company
Properties.\nCompany’s stylized name and other related graphics, logos, service
marks and trade names used on or in connection with the Company Properties are the
trademarks of the Company and may not be used without permission in connection with
any third-party products or services.\nOther trademarks, service marks and trade
names that may appear on or in the Company Properties are the property of their
respective owners.</p>3.2 Your Account<p> Notwithstanding anything to the contrary
herein, you acknowledge and agree that you shall have no ownership or other property
interest in your Account, and you further acknowledge and agree that all rights
in and to your Account are and shall forever be owned by and inure to the benefit
of the Company.\n</p>3.3 Feedback<p>You agree that submission of any ideas, suggestions,
documents, and/or proposals to the Company through its suggestion, feedback, wiki,
forum or similar pages (“<b>Feedback</b>”) is at your own risk and that the Company
has no obligations (including without limitation obligations of confidentiality)
with respect to such Feedback.\nYou represent and warrant that you have all rights
necessary to submit the Feedback.\nYou hereby grant to the Company a fully paid,
royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable
right and license to use, reproduce, perform, display, distribute, adapt, modify,
re-format, create derivative works of, and otherwise commercially or non-commercially
exploit in any manner, any and all Feedback, and to sublicense the foregoing rights,
in connection with the operation and maintenance of the Company Properties.</p>4.\nNo
Obligation to Pre-Screen Content<p>You acknowledge that the Company has no obligation
to pre-screen information, data, text, music, sound, photographs, videos and other
materials available on and through the Company Properties by third parties (“<b>Third
Party Content</b>”), although the Company reserves the right in its sole discretion
to pre-screen, refuse or remove any Third Party Content.\nIn the event that the
Third Party Company pre-screens, refuses or removes any Third Party Content, you
acknowledge that the Company will do so for the Company’s benefit, not yours.\nWithout
limiting the foregoing, the Company shall have the right to remove any Third Party
Content that violates the Terms or is otherwise objectionable.</p>5.\nFees and Taxes5.1
Generally<p>If you purchase any of our paid Services, you agree to pay all fees
or charges to your Account in accordance with the fees, charges and billing terms
in effect at the time a fee or charge is due and payable.\nYou must provide the
Company with a valid credit card (Visa, MasterCard, or any other issuer accepted
by us) or PayPal account (“<b>Payment Provider</b>”), or purchase order information
as a condition to signing up for the Services.\nYour Payment Provider agreement
governs your use of the designated credit card or PayPal account, and you must refer
to that agreement and not the Terms to determine your rights and liabilities.\nBy
providing the Company with your credit card number or PayPal account and associated
payment information, you agree that the Company is authorized to immediately invoice
your Account for all fees and charges due and payable to the Company hereunder and
that no additional notice or consent is required.\nYou agree to immediately notify
the Company of any change in your billing address or the credit card or PayPal account
used for payment hereunder.\nThe Company reserves the right at any time to change
its prices and billing methods, either immediately upon posting on the Company Properties
or by e-mail delivery to you.\n</p>5.2 Service Subscription Fees<p> You will be
responsible for payment of the applicable fee for any Services (each, a “<b>Service
Subscription Fee</b>”) at the time you create your Account and select your monthly
package (each, a “<b>Service Commencement Date</b>”).\nExcept as set forth in the
Terms, all fees for the Services are non-refundable.\nNo contract will exist between
you and the Company for the Services until the Company accepts your order by a confirmatory
e-mail, SMS/MMS message, or other appropriate means of communication.</p>5.3 Automatic
Renewal<p>Your subscription will continue indefinitely until terminated in accordance
with the Terms.\n<b>After your initial subscription period, and again after any
subsequent subscription period, your subscription will automatically commence on
the first day following the end of such period (each a “Renewal Commencement Date”)
and continue for an additional equivalent period, at the Company’s then-current
price for such subscription.\nYou agree that your Account will be subject to this
automatic renewal feature unless you cancel your subscription at any time prior
to the Renewal Commencement Date by logging into and going to the “Change/Cancel
Membership” page of your “Account Settings” page</b>.\nIf you do not wish your Account
to renew automatically, or if you want to change or terminate your subscription,
please log in and go to the “Change/Cancel Membership” page on your “Account Settings”
page.\nIf you cancel your subscription, you may use your subscription until the
end of your then-current subscription term.\nyour subscription will not be renewed
after your then-current term expires.\nHowever, you will not be eligible for a prorated
refund of any portion of the subscription fee paid for the then-current subscription
period.\nBy subscribing, you authorize the Company to charge your Payment Provider
now, and again at the beginning of any subsequent subscription period.\nUpon renewal
of your subscription, if the Company does not receive payment from your Payment
Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or
(ii) you agree that the Company may either terminate or suspend your subscription
and continue to attempt to charge your Payment Provider until payment is received
(upon receipt of payment, your Account will be activated and for purposes of automatic
renewal, your new subscription commitment period will begin as of the day payment
was received).</p>5.4 Taxes<p>he Company’s fees are net of any applicable Sales
Tax.\nIf any Services, or payments for any Services, under the Terms are subject
to Sales Tax in any jurisdiction and you have not remitted the applicable Sales
Tax to the Company, you will be responsible for the payment of such Sales Tax and
any related penalties or interest to the relevant tax authority, and you will indemnify
the Company for any liability or expense we may incur in connection with such Sales
Taxes.\nUpon our request, you will provide us with official receipts issued by the
appropriate taxing authority, or other such evidence that you have paid all applicable
taxes.\nFor purposes of this section, “<b>Sales Tax</b>” shall mean any sales or
use tax, and any other tax measured by sales proceeds, that the Company is permitted
to pass to its customers, that is the functional equivalent of a sales tax where
the applicable taxing jurisdiction does not otherwise impose a sales or use tax.</p>6.\nApp
Stores<p>You acknowledge and agree that the availability of the App is dependent
on the App Store from which you received the App license.\nYou acknowledge that
the Terms are between you and the Company and not with the App Store.\nThe Company,
not the App Store, is solely responsible for the Company Properties, including the
App, the content thereof, maintenance, support services, and warranty therefor,
and addressing any claims relating thereto (e.g., product liability, legal compliance
or intellectual property infringement).\nIn order to use the App, you must have
access to a wireless network, and you agree to pay all fees associated with such
access.\nYou also agree to pay all fees (if any) charged by the App Store in connection
with the Company Properties, including the App.\nYou agree to comply with, and your
license to use the App is conditioned upon your compliance with, all applicable
third-party terms of agreement (e.g., the App Store’s terms and policies) when using
the Company Properties, including the App.\nYou acknowledge that the App Store (and
its subsidiaries) are thirdparty beneficiaries of the Terms and will have the right
to enforce them.</p>7.\nIndemnification<p>You agree to indemnify and hold the Company,
its parents, subsidiaries, affiliates, officers, employees, agents, partners and
licensors (collectively, the “<b>Company Parties</b>”) harmless from any losses,
costs, liabilities and expenses (including reasonable attorneys’ fees) relating
to or arising out of: (a) your use of, or inability to use, the Company Properties.\n(b)
your violation of the Terms.\nor (c) your violation of any applicable laws, rules
or regulations.\nThe Company reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will fully cooperate with the Company in asserting any
available defenses.\nYou agree that the provisions in this section will survive
any termination of your Account, the Terms or your access to the Company Properties.</p>8.\nDisclaimer
of Warranties<p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED
BY APPLICABLE LAW, YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND
THE COMPANY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH
ALL FAULTS.\nCOMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS,
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.\nTHE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION
OR CONDITION THAT: (1) THE COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS.\n(2)
YOUR USE OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.\n(3)
THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY PROPERTIES WILL BE ACCURATE
OR RELIABLE.\nOR (4) ANY ERRORS IN THE COMPANY PROPERTIES WILL BE CORRECTED.\nTHE
SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.\nNO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE COMPANY
PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.</p>9.\nLimitation
of Liability9.1 Disclaimer of Certain Damages<p>YOU UNDERSTAND AND AGREE THAT IN
NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
OR IN CONNECTION WITH THE COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF
PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES,
OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION
WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER
USERS OF THE COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1)
THE USE OR INABILITY TO USE THE COMPANY PROPERTIES.\n(2) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH
THE COMPANY PROPERTIES.\n(3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA.\n(4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMPANY PROPERTIES.\nOR
(5) ANY OTHER MATTER RELATED TO THE COMPANY PROPERTIES, WHETHER BASED ON WARRANTY,
COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER
LEGAL THEORY.</p>9.2 Cap on Liability<p>UNDER NO CIRCUMSTANCES WILL THE COMPANY
PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY THE COMPANY AS A RESULT
OF YOUR USE OF THE COMPANY PROPERTIES IN THE SUBSCRIPTION PERIOD DURING WHICH YOU
FIRST ASSERT A CLAIM.\nIF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS IN THE SUBSCRIPTION
PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, COMPANY’S SOLE AND EXCLUSIVE
LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50).</p>9.3 Basis of the Bargain<p>THE
LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF
THE BARGAIN BETWEEN COMPANY AND YOU.\nCERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES.\nIF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.</p>10.\nTerm and Termination10.1 Term<p>The Terms commence on the date when
you accept them (as described in the preamble above) and remain in full force and
effect while you use the Company Properties, unless terminated earlier in accordance
with the Terms.</p>10.2 Termination of Services by Company<p>You will have thirty
(30) days from the Service Commencement Date, or any Renewal Commencement Date,
for any Services hereunder, to cancel such Service, in which case the Company will
refund your Service Subscription Fee, if already paid pursuant to Section 5.2 or
5.3, for the applicable Service.\nExcept as set forth above, the Service Subscription
Fee for any Service shall be non-refundable.\nIf timely payment cannot be charged
to your Payment Provider for any reason, if you have materially breached any provision
of the Terms, or if the Company is required to do so by law (e.g., where the provision
of the Website, the App, or the Services is, or becomes, unlawful), the Company
has the right to, immediately and without notice, suspend or terminate any Services
provided to you.\nYou agree that all terminations for cause shall be made in the
Company’s sole discretion and that the Company shall not be liable to you or any
third party for any termination of your Account.</p>10.3 Termination of Services
by You<p>If you want to terminate the Services provided by the Company, you may
do so by (a) notifying the Company at any time and (b) closing your Account for
all of the Services that you use.\nYour notice should be sent, in writing, to the
Company's address set forth below.\n</p>10.4 Effect of Termination<p>Termination
of any Service includes removal of access to such Service and barring of further
use of the Service.\nTermination of all Services also includes deletion of your
password and all related information, files and Content associated with or inside
your Account (or any part thereof), including Your Content.\nUpon termination of
any Service, your right to use such Service will automatically terminate immediately.\nYou
understand that any termination of Services may involve deletion of Your Content
associated therewith from our live databases.\nThe Company will not have any liability
whatsoever to you for any suspension or termination, including for deletion of Your
Content.\nAll provisions of the Terms which by their nature should survive, shall
survive termination of Services, including without limitation, ownership provisions,
warranty disclaimers, and limitation of liability.</p>11.\nRemedies11.1 Violations<p>
If the Company becomes aware of any possible violations by you of the Terms, the
Company reserves the right to investigate such violations.\nIf, as a result of the
investigation, the Company believes that criminal activity has occurred, the Company
reserves the right to refer the matter to, and to cooperate with, any and all applicable
legal authorities.\nThe Company is entitled, except to the extent prohibited by
applicable law, to disclose any information or materials on or in the Company Properties,
including Your Content, in the Company’s possession in connection with your use
of the Company Properties, to (1) comply with applicable laws, legal process or
governmental request.\n(2) enforce the Terms, (3) respond to any claims that Your
Content violates the rights of third parties, (4) respond to your requests for customer
service, or (5) protect the rights, property or personal safety of the Company,
its Users or the public, and all enforcement or other government officials, as the
Company in its sole discretion believes to be necessary or appropriate.</p>11.2
No Subsequent Registration<p>If your registration(s) with or ability to access the
Company Properties is discontinued by the Company due to your violation of any portion
of the Terms or for conduct otherwise inappropriate for the community, then you
agree that you shall not attempt to re-register with or access the Company Properties
or any Company community through use of a different member name or otherwise, and
you acknowledge that you will not be entitled to receive a refund for fees related
to those Company Properties to which your access has been terminated.\nIn the event
that you violate the immediately preceding sentence, the Company reserves the right,
in its sole discretion, to immediately take any or all of the actions set forth
herein without any notice or warning to you.</p>12.\nInternational Users<p>The Company
Properties can be accessed from countries around the world and may contain references
to services and content that are not available in your country.\nThese references
do not imply that the Company intends to announce such services or content in your
country.\nThe Company Properties are controlled and offered by the Company from
its facilities in the United States of America.\nThe Company makes no representations
that the Company Properties are appropriate or available for use in other locations.\nThose
who access or use the Company Properties from other jurisdictions do so at their
own volition and are responsible for compliance with local law.</p>13.\nGeneral
Provisions13.1 Electronic Communications<p>The communications between you and the
Company use electronic means, whether you visit the Company Properties or send the
Company e-mails, or whether the Company posts notices on the Company Properties
or communicates with you via e-mail.\nFor contractual purposes, you (1) consent
to receive communications from the Company in an electronic form.\nand (2) agree
that all terms and conditions, agreements, notices, disclosures, and other communications
that the Company provides to you electronically satisfy any legal requirement that
such communications would satisfy if it were to be in writing.\nThe foregoing does
not affect your statutory rights.</p>13.2 Release<p> You hereby release the Company
Parties and their successors from claims, demands, any and all losses, damages,
rights, and actions of any kind, including personal injuries, death, and property
damage, that is either directly or indirectly related to or arises from your use
of the Company Properties, including but not limited to, any interactions with or
conduct of other Users or third-party websites of any kind arising in connection
with or as a result of the Terms or your use of the Company Properties.\nIf you
are a California resident, you hereby waive California Civil Code Section 1542,
which states, “A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the release,
which, if known by him must have materially affected his settlement with the debtor.</p>13.3
Assignment<p>The Terms, and your rights and obligations hereunder, may not be assigned,
subcontracted, delegated or otherwise transferred by you without the Company’s prior
written consent, and any attempted assignment, subcontract, delegation, or transfer
in violation of the foregoing will be null and void.</p>13.4 Force Majeure<p>The
Company shall not be liable for any delay or failure to perform resulting from causes
outside its reasonable control, including, but not limited to, acts of God, war,
terrorism, riots, embargos, acts of civil or military authorities, fire, floods,
accidents, strikes or shortages of transportation facilities, fuel, energy, labor
or materials.</p>13.5 Questions, Complaints, Claims<p>f you have any questions,
complaints or claims with respect to the Company Properties, please contact us at:terms@feedly.com.\nWe
will do our best to address your concerns.\nIf you feel that your concerns have
been addressed incompletely, we invite you to let us know for further investigation.</p>13.6
Limitations Period<p>YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE TERMS, THE COMPANY PROPERTIES OR THE CONTENT MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.\nOTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.</p>13.7 Arbitration Agreement.\nClass Waiver.\nWaiver
of Trial by Jury<p>\n<i>Please read this Arbitration Agreement carefully.\nIt is
part of your contract with Company and affects your rights.\nIt contains procedures
for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER</i>.</p>\n<ul>\n<li>(a)
Applicability of Arbitration Agreement.\nAll claims and disputes (excluding claims
for injunctive or other equitable relief as set forth below) in connection with
the Terms or the use of any product or service provided by the Company that cannot
be resolved informally or in small claims court shall be resolved by binding arbitration
on an individual basis under the terms of this Arbitration Agreement.\nThis Arbitration
Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents,
employees, predecessors in interest, successors, and assigns, as well as all authorized
or unauthorized users or beneficiaries of services or goods provided under the Terms.</li>\n<li>(b)
Notice Requirement and Informal Dispute Resolution.\nBefore either party may seek
arbitration, the party must first send to the other party a written Notice of Dispute
(“<b>Notice</b>”) describing the nature and basis of the claim or dispute, and the
requested relief.\nA Notice to the Company should be sent to: 285 Hamilton Avenue,
Suite 250, Palo Alto CA 94301, USA.\nAfter the Notice is received, you and the Company
may attempt to resolve the claim or dispute informally.\nIf you and the Company
do not resolve the claim or dispute within 30 days after the Notice is received,
either party may begin an arbitration proceeding.\nThe amount of any settlement
offer made by any party may not be disclosed to the arbitrator until after the arbitrator
has determined the amount of the award, if any, to which either party is entitled.</li>\n<li>(c)
Arbitration Rules.\nArbitration shall be initiated through the American Arbitration
Association (“<b>AAA</b>”), an established alternative dispute resolution provider
(“<b>ADR Provider</b>”) that offers arbitration as set forth in this section.\nIf
AAA is not available to arbitrate, the parties shall agree to select an alternative
ADR Provider.\nThe rules of the ADR Provider shall govern all aspects of this arbitration,
including but not limited to the method of initiating and/or demanding arbitration,
except to the extent such rules are in conflict with the Terms.\nThe AAA Consumer
Arbitration Rules governing the arbitration are available online at www.adr.org
or by calling the AAA at 1-800-778-7879.\nThe arbitration shall be conducted by
a single, neutral arbitrator.\nAny claims or disputes where the total amount of
the award sought is less than Ten Thousand U.S.\nDollars (US $10,000.00 ) may be
resolved through binding non-appearance-based arbitration, at the option of the
party seeking relief.\nFor claims or disputes where the total amount of the award
sought is Ten Thousand U.S.\nDollars (US $10,000.00) or more, the right to a hearing
will be determined by the Arbitration Rules.\nAny hearing will be held in a location
within 100 miles of your residence, unless you reside outside of the United States,
and unless the parties agree otherwise.\nAny judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction.\nEach party shall
bear its own costs (including attorney’s fees) and disbursements arising out of
the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.\n</li>\n<li>(d)
Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration
is elected, the arbitration shall be conducted by telephone, online and/or based
solely on written submissions.\nthe specific manner shall be chosen by the party
initiating the arbitration.\nThe arbitration shall not involve any personal appearance
by the parties or witnesses unless otherwise mutually agreed by the parties.</li>\n<li>(e)
Time Limits.\nIf you or the Company pursue arbitration, the arbitration action must
be initiated and/or demanded within the statute of limitations (i.e., the legal
deadline for filing a claim) and within any deadline imposed under the AAA Rules
for the pertinent claim.</li>\n<li>(f) Authority of Arbitrator.\nIf arbitration
is initiated, the arbitrator will decide the rights and liabilities, if any, of
you and the Company, and the dispute will not be consolidated with any other matters
or joined with any other cases or parties.\nThe arbitrator shall have the authority
to grant motions dispositive of all or part of any claim.\nThe arbitrator shall
have the authority to award monetary damages and to grant any non-monetary remedy
or relief available to an individual under applicable law, the AAA Rules, and the
Terms.\nThe arbitrator shall issue a written award and statement of decision describing
the essential findings and conclusions on which the award is based, including the
calculation of any damages awarded.\nThe arbitrator has the same authority to award
relief on an individual basis that a judge in a court of law would have.\nThe award
of the arbitrator is final and binding upon you and the Company.\n</li>\n<li>(g)
Waiver of Jury Trial.\nTHE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY
RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing
that all claims and disputes shall be resolved by arbitration under this Arbitration
Agreement.\nArbitration procedures are typically more limited, more efficient and
less costly than rules applicable in court and are subject to very limited review
by a court.\nIn the event any litigation should arise between you and the Company
in any state or federal court in a suit to vacate or enforce an arbitration award
or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing
that the dispute be resolved by a judge.</li>\n<li>(h) Waiver of Class or Consolidated
Actions.\nALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT
MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS,
AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY
OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.</li>\n<li>(i) Confidentiality.\nAll
aspects of the arbitration proceeding, including but not limited to the award of
the arbitrator and compliance therewith, shall be strictly confidential.\nThe parties
agree to maintain confidentiality unless otherwise required by law.\nThis Paragraph
shall not prevent a party from submitting to a court of law any information necessary
to enforce this Agreement, to enforce an arbitration award, or to seek injunctive
or equitable relief.</li>\n<li>(j) Severability.\nIf any part or parts of this Arbitration
Agreement are found under the law to be invalid or unenforceable by a court of competent
jurisdiction, then such specific part or parts shall be of no force and effect and
shall be severed and the remainder of the Agreement shall continue in </li>\n<li>(k)
Right to Waive.\nAny or all of the rights and limitations set forth in this Agreement
may be waived by the party against whom the claim is asserted.\nSuch waiver shall
not waive or effect any other portion of this Agreement.</li>\n<li>(l) Survival
of Agreement.\nThis Arbitration Agreement will survive the termination of your relationship
with Company.</li>\n<li>(m) Small Claims Court.\nNotwithstanding the foregoing,
either you or the Company may bring an individual action in small claims court.</li>\n<li>(n)
Emergency Equitable Relief.\nNotwithstanding the foregoing, either party may seek
emergency equitable relief before a state or federal court in order to maintain
the status quo pending arbitration.\nA request for interim measures shall not be
deemed a waiver of any other rights or obligations under this Arbitration Agreement.</li>\n<li>(o)
Claims Not Subject To Arbitration.\nNotwithstanding the foregoing, claims of defamation,
violation of the Computer Fraud and Abuse Act, and infringement or misappropriation
of the other party’s patent, copyright, trademark, or trade secret shall not be
subject to this arbitration agreement.\n</li>\n<li>(p) Courts.\nIn any circumstances
where the foregoing Agreement permits the parties to litigate in court, the parties
hereby agree to submit to the personal jurisdiction of the courts located within
San Diego County, California, for such purpose.\n</li>\n</ul>13.8 Governing Law<p>The
Terms and any action related thereto will be governed and interpreted by and under
the laws of the State of California, consistent with the Federal Arbitration Act,
without giving effect to any principles that provide for the application of the
law of another jurisdiction.\nThe United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.</p>13.9 Notice<p>Where
the Company requires that you provide an e-mail address, you are responsible for
providing the Company with your most current e-mail address.\nIn the event that
the last e-mail address you provided to the Company is not valid, or for any reason
is not capable of delivering to you any notices required/ permitted by the Terms,
the Company’s dispatch of the e-mail containing such notice will nonetheless constitute
effective notice.\nYou may give notice to the Company at the following address:
terms@feedly.com.\nSuch notice shall be deemed given when received by the Company
by letter delivered by nationally recognized overnight delivery service or first
class postage prepaid mail at the above address.</p>13.10 Waiver<p>Any waiver or
failure to enforce any provision of the Terms on one occasion will not be deemed
a waiver of any other provision or of such provision on any other occasion.</p>13.11
Severability<p>If any provision of the Terms is, for any reason, held to be invalid
or unenforceable, the other provisions of the Terms will remain enforceable, and
the invalid or unenforceable provision will be deemed modified so that it is valid
and enforceable to the maximum extent permitted by law.</p>13.12 Export Control<p>
You may not use, export, import, or transfer the Company Properties except as authorized
by U.S.\nlaw, the laws of the jurisdiction in which you obtained the Company Properties,
and any other applicable laws.\nIn particular, but without limitation, the Company
Properties may not be exported or re-exported (a) into any United States embargoed
countries, or (b) to anyone on the U.S.\nTreasury Department’s list of Specially
Designated Nationals or the U.S.\nDepartment of Commerce’s Denied Person’s List
or Entity List.\nBy using the Company Properties, you represent and warrant that
(i) you are not located in a country that is subject to a U.S.\nGovernment embargo,
or that has been designated by the U.S.\nGovernment as a “terrorist supporting”
country and (ii) you are not listed on any U.S.\nGovernment list of prohibited or
restricted parties.\nYou also will not use the Company Properties for any purpose
prohibited by U.S.\nlaw, including the development, design, manufacture or production
of missiles, nuclear, chemical or biological weapons.\nYou acknowledge and agree
that products, services or technology provided by Company are subject to the export
control laws and regulations of the United States.\nYou shall comply with these
laws and regulations and shall not, without prior U.S.\ngovernment authorization,
export, re-export, or transfer the Company products, services or technology, either
directly or indirectly, to any country in violation of such laws and regulations.</p>13.13
Accessing and Download the Application from an App Store<p>The following applies
to any App accessed through or downloaded from an App Store:</p>\n<ul>\n<li>(a)
You acknowledge and agree that (i) the Terms are concluded between you and the Company
only, and not Apple, Google or Microsoft, and (ii) the Company, not Apple, Google
or Microsoft, is solely responsible for the App and content thereof.\nYour use of
the App must comply with the applicable App Store’s terms of service or usage rules.\n</li>\n<li>(b)
You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance
and support services with respect to the App.</li>\n<li>(c) In the event of any
failure of the App to conform to any applicable warranty, you may notify the App
Store, and the App Store will refund the purchase price for the App to you and to
the maximum extent permitted by applicable law, neither Apple, Google or Microsoft
will have any other warranty obligation whatsoever with respect to the App.\nAs
between the Company and the App Store, any other claims, losses, liabilities, damages,
costs or expenses attributable to any failure to conform to any warranty will be
the sole responsibility of the Company.</li>\n<li>(d) You and the Company acknowledge
that, as between the Company and the App Store, the App Store is not responsible
for addressing any claims you have or any claims of any third party relating to
the App or your possession and use of the App, including, but not limited to: (i)
product liability claims.\n(ii) any claim that the App fails to conform to any applicable
legal or regulatory requirement.\nand (iii) claims arising under consumer protection
or similar legislation.</li>\n<li>(e) You and the Company acknowledge that, in the
event of any third-party claim that the App or your possession and use of that App
infringes that third party’s intellectual property rights, as between the Company
and App Store, the Company, not the App Store, will be solely responsible for the
investigation, defense, settlement and discharge of any such intellectual property
infringement claim to the extent required by the Terms.\n</li>\n<li>(f) You and
the Company acknowledge and agree that (i) Apple and Apple’s subsidiaries, are third-party
beneficiaries of the Terms as related to your license of the App from the Apple
App Store, (ii) Google and Google’s subsidiaries, are third-party beneficiaries
of the Terms as related to your license of the App from the Android market or Google
Play App Stores, and (iii) Microsoft and its subsidiaries are third-parties beneficiaries
of the Terms as related to your license of the App from the Windows Phone Apps +
Games Store.\nand that, upon your acceptance of the terms and conditions of the
Terms, Apple, Google, or Microsoft, as applicable, will have the right (and will
be deemed to have accepted the right) to enforce the Terms as related to your license
of the App against you as a third-party beneficiary thereof.\n</li>\n<li>(g) Without
limiting any other terms of the Terms, you must comply with all applicable third-party
terms of agreement when using the App.</li>\n</ul>13.14 Entire Agreement<p>The Terms
are the final, complete and exclusive agreement of the parties with respect to the
subject matter hereof and supersedes and merges all prior discussions between the
parties with respect to such subject matter.</p> "
- |-
LegalLast Updated: January 2022Terms of servicePrivacy policy<p>Please read this Terms of Use Agreement (the “<b>Terms of Use</b>”) carefully.
These Terms of Use govern your use of the website located at: https://feedly.com (the “<b>Website</b>”), the software application entitled “Feedly” (the “<b>App</b>”) and hosted services enabled or available via the Website and App (the “<b>Services</b>”) that are offered by feedly, Inc.
(the “<b>Company</b>” or “<b>we</b>”).</p>
<p>BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE, USING THE SERVICES, AND/OR DOWNLOADING THE APP, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE.
THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE.
<b>IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE, APP OR SERVICES</b>.</p>
<p>
<b>THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES</b>.</p>
<p>Your use of, and participation in certain Services may be subject to additional terms (“<b>Supplemental Terms</b>”) and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you sign up to use the supplement Service.
If these Terms of Use and inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to such Service.
These Terms of Use and any applicable Supplemental Terms are referred to herein as the “<b>Terms</b>”.</p>
<p>PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY THE COMPANY IN ITS SOLE DISCRETION AT ANY TIME.
When changes are made, the Company will make a new copy of the Terms of Use available at the Website and within the App.
We will also update the “Last Updated” date at the top of the Terms of Use.
If we make any material changes, and you have registered with us to create an Account (as defined in Section 2.1 below), we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms.
Any changes to the Terms will be effective immediately for new users of the Service, and will be effective thirty (30) days after posting notice of such changes on the Website for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e- mail notice of such changes to Registered Users (defined in Section 2.1 below).
The Company may require you to provide consent to the updated Terms in a specified manner before further use of the Service is permitted.
If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services.
Otherwise, your continued use of the Services constitutes your acceptance of such change(s).
PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.</p>1.
Use of the Services<p>The Website, App, and the Services provided by the Company via the Website and App (collectively, the “<b>Company Properties</b>”) are protected by copyright laws throughout the world.
Unless otherwise specified by the Company in a separate license, your right to use any Company Properties is subject to the Terms.</p>1.1 Application License<p>Subject to your compliance with the Terms, the Company grants you a limited non-exclusive, non-transferable, nonsublicensable, revocable license to download, install and use a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes.
Furthermore, with respect to any App accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace or any similar store or marketing place (each, an “<b>App Store</b>” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g.
Apple App Store’s “Usage Rules”) (the “<b>Usage Rules</b>”).
</p>1.2 Updates<p>You understand that the Company Properties are evolving.
As a result, the Company may require you to accept updates to the Company Properties that you have installed on your computer or mobile device.
You acknowledge and agree that the Company may update the Company Properties with or without notifying you.
You may need to update third-party software (e.g.
your device’s operating system) from time to time in order to use the Company Properties.</p>1.3 Certain Restrictions<p>The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Company Properties or any portion of the Company Properties, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Company Properties (including images, text, page layout or form) of the Company.
(c) you shall not use any metatags or other “hidden text” using Company’s name or trademarks.
(d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law.
(e) access the Company Properties in order to build a similar or competitive website, application or service.
(f) except as expressly stated herein, no part of the Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Company Properties.
For the purposes of clarity, the foregoing restrictions do not apply to any Third Party Content (as defined in Section 4) made available via the Company Properties.
Any future release, update or other addition to the Company Properties shall be subject to the Terms.
The Company, its suppliers and service providers reserve all rights not granted in the Terms.
Any unauthorized use of the Company Properties terminates the licenses granted by the Company pursuant to the Terms.</p>1.4 Unauthorized Use<p>You agree that you will not, under any circumstances: (a) interfere with or damage Company Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology.
(b) modify or cause to be modified any files that are a part of the Company Properties.
(c) disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support the Company Properties.
or (ii) the enjoyment of the Company Properties by any other person.
(d) attempt to gain unauthorized access to the Company Properties, accounts registered to others, or to the computers, servers or networks connected to the Company Properties by any means other than the User (as defined in Section 2.1) interface provided by Company, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Company Properties.
(e) access, tamper with or use non-public areas of the Company Properties, the Company’s computer systems, or the technical delivery systems of the Company’s providers.
(f) attempt to probe, scan, or test the vulnerability of any Company system or network, or breach any security or authentication measures.
(g) disrupt or interfere with the security of, or otherwise cause harm to, the Company Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through the Company Properties or any affiliated or linked sites.
or (h) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by the Company or any of the Company’s providers or any other third party to protect the Company Properties.</p>2.
Registration2.1 Registering Your Account<p>In order to access certain features of the Company Properties you may be required to become a Registered User.
For purposes of the Terms, a “<b>Registered User</b>” is a user of the Services (“<b>User</b>”) who has registered an account on the Website or App (“Account”), or has a valid account on the social networking service (“SNS”) through which the User has connected to the App (each such account, a “<b>Third-Party Account</b>”).</p>2.2 Access Through a SNS<p> If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing the Company to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to the Company and/or grant the Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating the Company to pay any fees or making the Company subject to any usage limitations imposed by such third-party service providers.
You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the App.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND COMPANY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS</p>2.3 Registration Data<p>In registering for use of the Services you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the App’sregistration form (the “<b>Registration Data</b>”).
and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
You represent that you are (x) at least thirteen (13) years old.
(y) of legal age to form a binding contract.
and (z) not a person barred from using the Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction.
You are responsible for all activities that occur under your Account.
You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Company Properties by minors.
You may not share your Account or password with anyone, and you agree to (a) notify the Company immediately of any unauthorized use of your password or any other breach of security.
and (b) exit from your Account at the end of each session.
If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Company Properties (or any portion thereof).
You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.
You agree that you shall not have more than one Account per platform or SNS at any given time.
You agree not to create an Account or use the Company Properties if you have been previously removed by the Company, or if you have been previously banned from any of the Company Properties.</p>2.4 Necessary Equipment and Software<p> You must provide all equipment and software necessary to connect to the Company Properties, including but not limited to, a mobile device that is suitable to connect with and use the Company Properties, in the event you are using the App on a mobile device.
You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Company Properties.</p>3.
Ownership3.1 Company Properties<p>You agree that the Company and its suppliers own all rights, title and interest in the Company Properties.
You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Company Properties.
Company’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Company Properties are the trademarks of the Company and may not be used without permission in connection with any third-party products or services.
Other trademarks, service marks and trade names that may appear on or in the Company Properties are the property of their respective owners.</p>3.2 Your Account<p> Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of the Company.
</p>3.3 Feedback<p>You agree that submission of any ideas, suggestions, documents, and/or proposals to the Company through its suggestion, feedback, wiki, forum or similar pages (“<b>Feedback</b>”) is at your own risk and that the Company has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.
You represent and warrant that you have all rights necessary to submit the Feedback.
You hereby grant to the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Company Properties.</p>4.
No Obligation to Pre-Screen Content<p>You acknowledge that the Company has no obligation to pre-screen information, data, text, music, sound, photographs, videos and other materials available on and through the Company Properties by third parties (“<b>Third Party Content</b>”), although the Company reserves the right in its sole discretion to pre-screen, refuse or remove any Third Party Content.
In the event that the Third Party Company pre-screens, refuses or removes any Third Party Content, you acknowledge that the Company will do so for the Company’s benefit, not yours.
Without limiting the foregoing, the Company shall have the right to remove any Third Party Content that violates the Terms or is otherwise objectionable.</p>5.
Fees and Taxes5.1 Generally<p>If you purchase any of our paid Services, you agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.
You must provide the Company with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“<b>Payment Provider</b>”), or purchase order information as a condition to signing up for the Services.
Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities.
By providing the Company with your credit card number or PayPal account and associated payment information, you agree that the Company is authorized to immediately invoice your Account for all fees and charges due and payable to the Company hereunder and that no additional notice or consent is required.
You agree to immediately notify the Company of any change in your billing address or the credit card or PayPal account used for payment hereunder.
The Company reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Company Properties or by e-mail delivery to you.
</p>5.2 Service Subscription Fees<p> You will be responsible for payment of the applicable fee for any Services (each, a “<b>Service Subscription Fee</b>”) at the time you create your Account and select your monthly package (each, a “<b>Service Commencement Date</b>”).
Except as set forth in the Terms, all fees for the Services are non-refundable.
No contract will exist between you and the Company for the Services until the Company accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.</p>5.3 Automatic Renewal<p>Your subscription will continue indefinitely until terminated in accordance with the Terms.
<b>After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at the Company’s then-current price for such subscription.
You agree that your Account will be subject to this automatic renewal feature unless you cancel your subscription at any time prior to the Renewal Commencement Date by logging into and going to the “Change/Cancel Membership” page of your “Account Settings” page</b>.
If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please log in and go to the “Change/Cancel Membership” page on your “Account Settings” page.
If you cancel your subscription, you may use your subscription until the end of your then-current subscription term.
your subscription will not be renewed after your then-current term expires.
However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
By subscribing, you authorize the Company to charge your Payment Provider now, and again at the beginning of any subsequent subscription period.
Upon renewal of your subscription, if the Company does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).</p>5.4 Taxes<p>he Company’s fees are net of any applicable Sales Tax.
If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to the Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify the Company for any liability or expense we may incur in connection with such Sales Taxes.
Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.
For purposes of this section, “<b>Sales Tax</b>” shall mean any sales or use tax, and any other tax measured by sales proceeds, that the Company is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.</p>6.
App Stores<p>You acknowledge and agree that the availability of the App is dependent on the App Store from which you received the App license.
You acknowledge that the Terms are between you and the Company and not with the App Store.
The Company, not the App Store, is solely responsible for the Company Properties, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).
In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access.
You also agree to pay all fees (if any) charged by the App Store in connection with the Company Properties, including the App.
You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Company Properties, including the App.
You acknowledge that the App Store (and its subsidiaries) are thirdparty beneficiaries of the Terms and will have the right to enforce them.</p>7.
Indemnification<p>You agree to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “<b>Company Parties</b>”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, the Company Properties.
(b) your violation of the Terms.
or (c) your violation of any applicable laws, rules or regulations.
The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Company Properties.</p>8.
Disclaimer of Warranties<p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE COMPANY PROPERTIES IS AT YOUR SOLE RISK, AND THE COMPANY PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.
COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE COMPANY PROPERTIES WILL MEET YOUR REQUIREMENTS.
(2) YOUR USE OF THE COMPANY PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
(3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY PROPERTIES WILL BE ACCURATE OR RELIABLE.
OR (4) ANY ERRORS IN THE COMPANY PROPERTIES WILL BE CORRECTED.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE COMPANY PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.</p>9.
Limitation of Liability9.1 Disclaimer of Certain Damages<p>YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE COMPANY PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE COMPANY PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE COMPANY PROPERTIES.
(2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE COMPANY PROPERTIES.
(3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
(4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMPANY PROPERTIES.
OR (5) ANY OTHER MATTER RELATED TO THE COMPANY PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.</p>9.2 Cap on Liability<p>UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY THE COMPANY AS A RESULT OF YOUR USE OF THE COMPANY PROPERTIES IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT A CLAIM.
IF YOU HAVE NOT PAID THE COMPANY ANY AMOUNTS IN THE SUBSCRIPTION PERIOD DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM, COMPANY’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50).</p>9.3 Basis of the Bargain<p>THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.</p>10.
Term and Termination10.1 Term<p>The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Company Properties, unless terminated earlier in accordance with the Terms.</p>10.2 Termination of Services by Company<p>You will have thirty (30) days from the Service Commencement Date, or any Renewal Commencement Date, for any Services hereunder, to cancel such Service, in which case the Company will refund your Service Subscription Fee, if already paid pursuant to Section 5.2 or 5.3, for the applicable Service.
Except as set forth above, the Service Subscription Fee for any Service shall be non-refundable.
If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if the Company is required to do so by law (e.g., where the provision of the Website, the App, or the Services is, or becomes, unlawful), the Company has the right to, immediately and without notice, suspend or terminate any Services provided to you.
You agree that all terminations for cause shall be made in the Company’s sole discretion and that the Company shall not be liable to you or any third party for any termination of your Account.</p>10.3 Termination of Services by You<p>If you want to terminate the Services provided by the Company, you may do so by (a) notifying the Company at any time and (b) closing your Account for all of the Services that you use.
Your notice should be sent, in writing, to the Company's address set forth below.
</p>10.4 Effect of Termination<p>Termination of any Service includes removal of access to such Service and barring of further use of the Service.
Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content.
Upon termination of any Service, your right to use such Service will automatically terminate immediately.
You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases.
The Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.
All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.</p>11.
Remedies11.1 Violations<p> If the Company becomes aware of any possible violations by you of the Terms, the Company reserves the right to investigate such violations.
If, as a result of the investigation, the Company believes that criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities.
The Company is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Company Properties, including Your Content, in the Company’s possession in connection with your use of the Company Properties, to (1) comply with applicable laws, legal process or governmental request.
(2) enforce the Terms, (3) respond to any claims that Your Content violates the rights of third parties, (4) respond to your requests for customer service, or (5) protect the rights, property or personal safety of the Company, its Users or the public, and all enforcement or other government officials, as the Company in its sole discretion believes to be necessary or appropriate.</p>11.2 No Subsequent Registration<p>If your registration(s) with or ability to access the Company Properties is discontinued by the Company due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access the Company Properties or any Company community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Company Properties to which your access has been terminated.
In the event that you violate the immediately preceding sentence, the Company reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.</p>12.
International Users<p>The Company Properties can be accessed from countries around the world and may contain references to services and content that are not available in your country.
These references do not imply that the Company intends to announce such services or content in your country.
The Company Properties are controlled and offered by the Company from its facilities in the United States of America.
The Company makes no representations that the Company Properties are appropriate or available for use in other locations.
Those who access or use the Company Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.</p>13.
General Provisions13.1 Electronic Communications<p>The communications between you and the Company use electronic means, whether you visit the Company Properties or send the Company e-mails, or whether the Company posts notices on the Company Properties or communicates with you via e-mail.
For contractual purposes, you (1) consent to receive communications from the Company in an electronic form.
and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
The foregoing does not affect your statutory rights.</p>13.2 Release<p> You hereby release the Company Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Company Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Company Properties.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.</p>13.3 Assignment<p>The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without the Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.</p>13.4 Force Majeure<p>The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.</p>13.5 Questions, Complaints, Claims<p>f you have any questions, complaints or claims with respect to the Company Properties, please contact us at:terms@feedly.com.
We will do our best to address your concerns.
If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.</p>13.6 Limitations Period<p>YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE COMPANY PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.</p>13.7 Arbitration Agreement.
Class Waiver.
Waiver of Trial by Jury<p>
<i>Please read this Arbitration Agreement carefully.
It is part of your contract with Company and affects your rights.
It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER</i>.</p>
<ul>
<li>(a) Applicability of Arbitration Agreement.
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.
This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.</li>
<li>(b) Notice Requirement and Informal Dispute Resolution.
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“<b>Notice</b>”) describing the nature and basis of the claim or dispute, and the requested relief.
A Notice to the Company should be sent to: 285 Hamilton Avenue, Suite 250, Palo Alto CA 94301, USA.
After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.
If you and the Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding.
The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.</li>
<li>(c) Arbitration Rules.
Arbitration shall be initiated through the American Arbitration Association (“<b>AAA</b>”), an established alternative dispute resolution provider (“<b>ADR Provider</b>”) that offers arbitration as set forth in this section.
If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.
The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.
The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
The arbitration shall be conducted by a single, neutral arbitrator.
Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00 ) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.
For claims or disputes where the total amount of the award sought is Ten Thousand U.S.
Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.
Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider.
</li>
<li>(d) Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions.
the specific manner shall be chosen by the party initiating the arbitration.
The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.</li>
<li>(e) Time Limits.
If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.</li>
<li>(f) Authority of Arbitrator.
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.
The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.
The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.
The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.
The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.
The award of the arbitrator is final and binding upon you and the Company.
</li>
<li>(g) Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.
In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.</li>
<li>(h) Waiver of Class or Consolidated Actions.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.</li>
<li>(i) Confidentiality.
All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.
The parties agree to maintain confidentiality unless otherwise required by law.
This Paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.</li>
<li>(j) Severability.
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in </li>
<li>(k) Right to Waive.
Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted.
Such waiver shall not waive or effect any other portion of this Agreement.</li>
<li>(l) Survival of Agreement.
This Arbitration Agreement will survive the termination of your relationship with Company.</li>
<li>(m) Small Claims Court.
Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.</li>
<li>(n) Emergency Equitable Relief.
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.
A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.</li>
<li>(o) Claims Not Subject To Arbitration.
Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
</li>
<li>(p) Courts.
In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Diego County, California, for such purpose.
</li>
</ul>13.8 Governing Law<p>The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.</p>13.9 Notice<p>Where the Company requires that you provide an e-mail address, you are responsible for providing the Company with your most current e-mail address.
In the event that the last e-mail address you provided to the Company is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, the Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
You may give notice to the Company at the following address: terms@feedly.com.
Such notice shall be deemed given when received by the Company by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.</p>13.10 Waiver<p>Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.</p>13.11 Severability<p>If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.</p>13.12 Export Control<p> You may not use, export, import, or transfer the Company Properties except as authorized by U.S.
law, the laws of the jurisdiction in which you obtained the Company Properties, and any other applicable laws.
In particular, but without limitation, the Company Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S.
Treasury Department’s list of Specially Designated Nationals or the U.S.
Department of Commerce’s Denied Person’s List or Entity List.
By using the Company Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties.
You also will not use the Company Properties for any purpose prohibited by U.S.
law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
You acknowledge and agree that products, services or technology provided by Company are subject to the export control laws and regulations of the United States.
You shall comply with these laws and regulations and shall not, without prior U.S.
government authorization, export, re-export, or transfer the Company products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.</p>13.13 Accessing and Download the Application from an App Store<p>The following applies to any App accessed through or downloaded from an App Store:</p>
<ul>
<li>(a) You acknowledge and agree that (i) the Terms are concluded between you and the Company only, and not Apple, Google or Microsoft, and (ii) the Company, not Apple, Google or Microsoft, is solely responsible for the App and content thereof.
Your use of the App must comply with the applicable App Store’s terms of service or usage rules.
</li>
<li>(b) You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App.</li>
<li>(c) In the event of any failure of the App to conform to any applicable warranty, you may notify the App Store, and the App Store will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, neither Apple, Google or Microsoft will have any other warranty obligation whatsoever with respect to the App.
As between the Company and the App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.</li>
<li>(d) You and the Company acknowledge that, as between the Company and the App Store, the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims.
(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement.
and (iii) claims arising under consumer protection or similar legislation.</li>
<li>(e) You and the Company acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between the Company and App Store, the Company, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
</li>
<li>(f) You and the Company acknowledge and agree that (i) Apple and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App from the Apple App Store, (ii) Google and Google’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App from the Android market or Google Play App Stores, and (iii) Microsoft and its subsidiaries are third-parties beneficiaries of the Terms as related to your license of the App from the Windows Phone Apps + Games Store.
and that, upon your acceptance of the terms and conditions of the Terms, Apple, Google, or Microsoft, as applicable, will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App against you as a third-party beneficiary thereof.
</li>
<li>(g) Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App.</li>
</ul>13.14 Entire Agreement<p>The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.</p>
updated_at:
- 2023-06-09 13:52:52.461642992 Z
- 2023-06-09 13:53:00.927756287 Z