AGREEMENT TO TERMS
The following terms and conditions (the “Terms”) govern all use of the www.parrotfinance.io website and any other website operated by Parrot Finance, Inc. and any related mobile applications (the “Apps”), and any products and services available at the Sites or Apps (collectively with the Sites and the Apps, the “Service”). Notwithstanding the foregoing, the provision of investment advisory services provided by Parrot Finance, Inc., is governed by both the Terms and an Investment Advisory Agreement.
In these Terms, “you” or “your” means the person accepting these Terms and the company (if any) on whose behalf he/she is acting, and “we,” “us,” “our,” “Parrot,” or the “Company” means Parrot Finance, Inc. and its subsidiaries. The Terms describe your rights and responsibilities and form a legally binding agreement between Parrot and you with respect to your use of the Service. By using or accessing any part of the Service, you agree that you are at least eighteen (18) years old and have read, understand, and agree to be bound by all of these terms and conditions. If you do not agree to all of these terms and conditions, you must not use or access the Service. If you are entering into these Terms on behalf of a company, you represent that you have the authority to bind that company to the terms of these Terms. We reserve the right, in our sole discretion, to modify or replace any of the terms or conditions of these Terms at any time. Your continued use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes and you are responsible for reviewing those terms. Some products or services that become available on the Service may be subject to
additional or different terms and conditions, and if those additional terms and conditions conflict with these Terms, those additional terms and conditions will control.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED, AND A WAIVER OF RIGHTS TO BRING CLASS ACTION CLAIMS AGAINST US. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THE TERMS OF USE AND THE ABOVE ELIGIBILITY REQUIREMENTS, YOU ARE PROHIBITED FROM USING THE SERVICE.
1. Registration Data and Account Security
As a condition to using some parts of the Service, you may be required to register an account with Parrot, select a password and user name and provide other information about your identity, your physical address, your company or your investments, investment preferences, and risk tolerance (“Registration Data”). You agree to (a) provide accurate, current and complete Registration Data; (b) maintain the security of your password and user name; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Except as expressly provided in these Terms, you may only maintain one active account with the Services.You agree and understand that you are responsible for maintaining the confidentiality of your Registration Data. By providing us with your e-mail address, you agree to receive all required notices electronically, including through the Services (such as by displaying links to notices generally on the App or Site) or to your e-mail address or phone number. It is your responsibility to update or change that e-mail address or phone number, as appropriate. If you become aware of any unauthorized use of your Registration Data or Account Information for the Services, you agree to notify us immediately.
2. Access to the Service
Subject to your compliance with these Terms, Parrot grants you a limited, revocable, nonexclusive license to access and use the Service and the Content for your own personal internal use. This license does not include any collection, aggregation, copying, duplication, scraping, display or derivative use of the Service nor any use of data mining, crawlers, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Parrot in writing. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the
sole purpose of displaying hyperlinks to the Service. In order to collect, aggregate, copy, duplicate, scrape, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from Iris.
3. Regulatory Compliance
You agree to insure that any information disseminated pursuant to the Service, whether such dissemination is made (a) by you or on your behalf by a person authorized to disseminate information on your behalf or (b) otherwise, in any case, complies with all statutes, rules, regulations, orders or other governmental acts of any jurisdiction, whether foreign or domestic, including without limitation, (i) the Securities Act of 1933, as amended, including the rules and regulations promulgated thereunder, (ii) the Securities and Exchange Act of 1934, as amended,
including Rule 10b-5 and the other rules and regulations promulgated thereunder, (iii) Regulation FD promulgated by the Securities and Exchange Commission, (iv) regulations promulgated by FINRA, and (v) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
4. Paid Products or Services
As part of your use of the Service, Parrot may choose to offer you some paid products or services (such as on a subscription or as-used basis, or items for sale on the Parrot shop or other URL used by Parrot), including premium blogs or content, subcommunities on our App or Site which are create and maintained by you or other users of the App or Sites and premium streams and Investor Relations features (“Paid Products or Services”). If you choose to purchase any Paid Products or Services you are responsible for paying the applicable prices for each Paid Products or Service.
The prices for these Paid Products or Services may be found on the App or Site. We may change our fees from time to time by posting the changes on the App or Site, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, and retain collection agencies and legal counsel. In addition, you will be subject to late fees. Parrot, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Parrot reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us. If you wish to dispute the information a collection agency reported to a credit bureau regarding your account, you must contact the collection agency directly. Some Paid Products or Services may provide a free trial or introductory offer. If such an offer is provided, only one per user, per person, per household and per phone number or email is
allowed at any given point in time. In addition, there is a limit of one trial per user, per person, per household and per email address or phone number in any given one year period unless otherwise stated in the offer.
5. US Short Code Agreement
Please read these SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non marketing and marketing text messages from Parrot, including text messages made with an Auto dialer, at the mobile phone number(s) you provide. By opting into the US Short code SMS/Text Messaging agreement, you are agreeing to receiving texts that pertain to login codes, trade notifications, on app notifications, and marketing.
You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at hello@parrotfinance.io Carriers are not liable for delayed or undelivered messages As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive infrequent messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy in app or at
www.parrotfinance.io
6. Payment Policies
Our purchase and checkout process from the Shop is powered by our third party payment processors (e.g., the app using both Stripe and other payment processers)(“Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received. For any Paid Products or Services available on a subscription basis, we may offer you an option to be billed by the Month, Quarter, or Year (each, a “Subscription Period”) depending on the options available for each Paid Products or Service. Fees for each Subscription Period will be pre-paid at the start of the Subscription Period, charged to the credit card you provide prior to
the start of such Subscription Period. Any change to the fees for subscription based Paid Products or Service will be effective as of the commencement of the Subscription Period immediately following such change. Except as provided in these Terms, all fees pre-paid by you are non-refundable. If you wish to cancel your subscription, you may do so by selecting the cancel option for that Paid Products or Service, if available, within your account dashboard or by contacting us. Once we process your cancellation request you will not be charged for future Subscription Periods, but your access to the specific Paid Products or Service will continue until the end of your current Subscription Period. You are responsible for all taxes, duties, and other governmental assessments associated with your activity in connection with the Service, whether or not you choose to purchase any Paid Products or Services from Parrot. While you may cancel any Paid Products or Services at any time, you won’t be issued a refund except in our sole discretion, or if legally required. Parrot reserves the right to cancel your subscription for Paid Products or Services at any time for any reason or no reason. If we cancel your subscription for any reason other than your failure to pay or breach of these Terms (or any other terms you have agreed to with Parrot) you will receive a pro-rated refund of the fees you pre-paid, if any. Your refund will consist of all pre-paid fees for each complete month remaining in your Subscription Period.
7. App or Site Content
The Services are also a platform for third parties to publish their own investment blogs and products (“Products”). The creators of the Products (“Creators”) may hold long or short positions in or derivatives of companies named in the Products and are free to buy or sell those positions at will. The Creators may take positions inconsistent with the views expressed in their Products or Content. Products available on the Parrot platform contain the Creators’ own opinions (and
not those of the Company), and none of the information contained therein constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You further understand that the Creators will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter.
8. Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Feedback”), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
9. Copyright Complaints
We respect the intellectual property rights of others and we prohibit Users from posting or otherwise transmitting on the Service any materials that violate another party’s intellectual property rights. If you believe that your work has been reproduced in the Service in a manner that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit a notification to Parrot copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing: identification of the copyrighted work that is claimed to be infringed; identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service; information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address; a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owner, its agent or the law; a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by noting this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid. Notices of copyright infringement claims should be sent to hello@parrotfinance.io
Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
10. Third-Party Services, Other Websites and Content The Company may provide links or access to other websites, apps, products or services
provided by third-party service providers (“Third-Party Services”) when you visit the App or Site or use the Service. Third-Party Services are not reviewed, controlled, examined, sponsored, or endorsed by Parrot
and Parrot is not responsible for the information, advertising, products, resources or other material of any Third-Party Services or any link contained in Third-Party Services. The inclusion of any Third-Party Services not imply endorsement of the owner/sponsor of the Third-Party Services or its content by Parrot. Your use of any such Third-Party Services is at your own risk. Parrot makes no representations or warranties with respect to Third-Party Services and will not be liable for such Third-Party Services, even when used in conjunction with the Service. Parrot
does not endorse or sponsor any products or services provided by third parties that are made available through the Service. In using any Third-Party Services made available via the Service, you must agree to comply
with and be bound by the Terms of Service, Privacy Policy, or other terms and conditions of the third-party service providers. Parrot is not responsible for any trading, buy/sell orders or other activity that you conduct or that otherwise happens in connection with any of your brokerage accounts. 11. Advertising As part of the Service, we may include advertisements provided by Parrot and/or a third party, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising on the Service are subject to change. In consideration for Parrot granting you access to and use of the Service, you agree that Parrot and its third party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others. Third party advertisers and sponsors are responsible for ensuring that material submitted for inclusion in advertisements on the Service is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
12. Account Information from Third Party Sites Users may direct Parrot to retrieve their own information maintained by third-parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Parrot through the Service, you are granting Parrot a right to use such information and content for the purpose of providing the Service.
Parrot may use and store the content in accordance with this Agreement and our Privacy Policy. You represent and warrant that you are entitled to submit it to Parrot for use for this purpose, without any obligation by Parrot to pay any fees or be subject to any restrictions or limitations, including any contained in the third party’s terms of service. Parrot works with third parties to access your Account Information. Parrot makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. By using the Service, you expressly authorize Parrot to access and store your Account Information maintained by identified third parties, on your behalf as your agent.
For instance, when you use the trading features of the Service, you will be directly connected to, and you will be connecting your brokerage accounts to, your broker dealer’s website and/or application program interfaces through the Service. Parrot will submit information including usernames and passwords that you provide to log into the broker dealer website or service (or any similar Third-Party Services) to access your Account Information, and Parrot will store information relating to, among other things, your Registration Data, portfolio holdings, watch lists
and transaction history to, among other things, facilitate your use of the Service.
You hereby authorize and permit Parrot to use and store information submitted by you to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Service to you, you grant us a limited power of attorney, and appoint us as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person.
You acknowledge and agree that when Parrot is accessing and retrieving account information from third party sites, Parrot is acting as your agent, and not as the agent of or on behalf of the third party that operates the third party site.
Parrot does not review the Account Information for accuracy, legality or non infringement, and is not responsible for the Account Information or products and services offered by or on third-party sites. Parrot is not responsible for any processing errors or fees or other Service-related issues, including those issues that may arise from inaccurate account information. With respect to the use of third-party products in conjunction with the Service, Parrot cannot always foresee or
anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Parrot does not assume any liability for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites. You agree to indemnify Parrot for any losses, costs, expenses or damages incurred by Parrot due to your use of third-party products or services, including any violation of a third party’s Terms of Service or other agreement relating to such products or services.
13. Data and Intellectual Property Ownership
Parrot takes its data and intellectual property rights very seriously. As between Parrot and you, Parrot owns, has licensed, or otherwise has rights, title and interest in and to the Service and all of the content that appears on the Service (except that User Content shall remain owned by the user who posted such User Content). Parrot’s intellectual property rights include, but are not limited to, copyrights, trademark rights, trade dress rights, and trade secrets. You agree that you have no right, title or interest in or to the Service or any other Parrot’s content.
All software (including source code), logos, icons, the Service’s “look and feel,” text, graphics, images, video clips, sound clips, content, notices, data, page layout, and selection and arrangement of the content and all copyrights, patents, trade secrets, trademarks and other intellectual property rights therein shall be owned solely and exclusively by Parrot and/or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Parrot on the Service, or in connection with the Service are the exclusive property of Parrot and/or its licensors and are protected by United States and international
copyright, trade secret or other intellectual property laws and treaties. Parrot and its licensors reserve all rights, title and interest in and to the Service and its content (other than User Content), including, without limitation, the exclusive right to create derivative works therefrom. You hereby consent that, if you choose to become a paying customer of Parrot, Parrot may identify you as an Parrot customer (using your name and logo) and generally describe the products or services it provides to you in its promotional materials, presentations and proposals to other current and prospective customers.
14. Restrictions on Content and Use of Service
In addition, you agree not to use the Service to: in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; post or otherwise make publicly available on the Service any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
post or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; violate any applicable law or regulation while accessing and using the Service, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges (especially and including the rule against making false or misleading statements to manipulate the price of any security); interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; forge headers or otherwise manipulate identifiers in order to disguise the origin of any
information transmitted by you; or post or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
15. Securities Disclaimer
Investment advisory services are provided solely by Parrot Finance, Inc., an SEC registered investment adviser. Any “creators” on the platform are operating as supervised persons of Parrot Finance, Inc. Trading in securities can result in immediate and substantial losses of the capital invested. You should only invest risk capital, and not capital required for other purposes. You alone are solely
responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should also consult an attorney or tax professional regarding your specific legal or tax situation.
Parrot, its affiliates and partners specifically disclaim any and all liability or loss arising out of any action taken in reliance on Content, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter. You understand that an investment in any security is subject to a number of risks, and that
discussions of any security published on the Service will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which Content is published on the Service have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information.
16. Brokerage Account/Transactions
Brokerage Account. In order to use certain features of the Services, including authorizing Transactions (as defined below), Members must have an active account with a Third-Party Broker/Exchange (a “Brokerage Account”). Your Brokerage Account is subject to a separate agreement directly between you and the applicable Third-Party Broker. Under no circumstances will we have any liability for your Brokerage Account. You further acknowledge that we have no control over Third-Party Brokers/Exchanges and that you may be charged fees by the
Third-Party Broker/Exchange. We are not responsible for any Third-Party Broker/Exchange fees. You are solely responsible for your use of the Third-Party Brokers/Exchanges’ services, and you agree to comply with all terms and conditions applicable to such services as required by the applicable Third-Party.
Transactions.
The Services allow Members to purchase and sell certain Investments through their Brokerage Account (each, a “Transaction”). To enable you to make Transactions through the Services, you will be required to link your Brokerage Account to the Services. Parrot processes Transaction requests according to the instructions it receives from you. By initiating a Transaction on the Services, you hereby authorize Parrot to communicate with the applicable Third-Party Broker/Exchange on your behalf and to send a message of the Transaction through to your Brokerage Account. Acceptance and execution of any Transaction is in the sole control and
discretion of your Third-Party Broker/Exchange. Once a Transaction has been completed, the Investments will be placed in (or removed from) your Brokerage Account, and will be reflected in your Services account.
Parrot does not collect any funds, execute any Transactions, or otherwise act as a broker-dealer or cryptocurrency exchange, money transmitter, money services business, bank account, brokerage account, or other financial account. Parrot merely communicates your purchase authorizations to Third-Party Broker/Exchange that complete the Transactions on your behalf. Although you may be able to find information about investment opportunities through the Services, we are not a party to any Transaction regarding any such opportunity. We strongly recommend that in connection with each Transaction, Members conduct their own due
diligence. All messages sent using the Services are self-directed by you to your Third-Party Broker/Exchange . All orders are executed by Third-Party Brokers/Exchanges where Members have an existing account, and Parrot is not responsible for the order routing or execution of any transaction. Any confirmations of such Transactions will be issued solely by the Member’s Third-Party Broker/Exchange. Members are solely responsible for any and all orders placed by
them, and understand that all orders are unsolicited and based on their own investment decisions. Except for investment advisory services provided by Parrot Finance, Inc. Parrot AND ITS AFFILIATES, EMPLOYEES, AGENTS, PRINCIPALS, OR REPRESENTATIVES DO NOT PROVIDE RECOMMENDATIONS OF ANY TRANSACTION OR ORDER, PROVIDE INVESTMENT ADVICE, ENDORSE ANY INVESTMENTS, PRODUCE OR PROVIDE RESEARCH TO ANY USER REGARDING ANY INVESTMENT, TRANSACTION OR ORDER, OR EXECUTE ANY TRANSACTIONS.
17. Other Disclaimers
The Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Service or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the
Service or any posted on or through the Service or transmitted to or by Users, or any interactions between Users, whether online or offline.
The Service may provide information from or links to certain brokerage companies for your convenience only. Parrot is not a registered broker-dealer and does not endorse or recommend the services of any brokerage company. The brokerage company you select (and not Parrot) is solely responsible for its services to you.
Parrot, its affiliates, and partners shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of any brokerage company.
The service and the content are provided “as-is” and the company, its partners and affiliates, disclaim any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The company cannot guarantee and does not promise any specific results from use of the service. The company does not represent or warrant that software, content or materials on the service or elsewhere are accurate, complete, reliable, current or error-free or that the service or any of the servers used to operate the service are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, data or other material from or through the service at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer
system, loss of data or other harm of any kind that may result.
For the avoidance of doubt, the company does not disclaim warranties for intentional breach of duty. The warranty disclaimer does not affect the limitation of liability as set out below.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
We do not and cannot control the flow of data to or from our network and other portions of the internet, wireless networks, or other third-party networks. Such flow depends in large part on the performance of the internet and wireless services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt your connections to the internet, wireless services, or portions thereof. We cannot guarantee that such events will not occur. Accordingly, we disclaim any and all liability resulting from or related to third-party actions
or inactions that impair or disrupt your connections to the internet, wireless services, or portions thereof or the use of the service.
The Company reserves the right to change any and all Content, software and other items used or contained in the Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
18. Limitation on Liability
Notwithstanding anything to the contrary contained herein and to the fullest extent permitted by law, the liability of the company and its affiliates, partners, members, managers, directors, officers, employees and agents to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the company for the service in the immediately preceding six months. In no event will the company, its affiliates,
partners, members, managers, directors, officers, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the service, or any of the content or other materials on, accessed through or downloaded from the service, even if the company or its affiliates, partners, members, managers, directors, officers, employees or agents
is aware or has been advised of the possibility of such damages. You acknowledge that if no fees are paid to the company for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the company, regardless of the cause of action. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have
additional rights.
19. Suspension; Termination
If we believe you are abusing our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. In the event of any such suspension or termination and we have to refund any amounts to the Users of your Room, you agree to pay us for any such refunded amounts.
The Company may terminate your account, delete your profile and any User Content that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18.
20. Arbitration,
Class Action Waiver and Governing Law This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding)
(“Arbitration Agreement”). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and Parrot, you will first contact Parrot and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Parrot’ services and/or products, including the Service, or relating in any way to the communications between
you and Parrot or any other user of the Service, will be finally resolved by binding arbitration. This mandatory Arbitration Agreement applies equally to you and Parrot. However, this Arbitration Agreement does not (a) govern any Claim by Parrot for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this Arbitration Agreement within thirty (30)
days of the first of the date you access or use this Service by following the procedure described below.
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