Terms of Use

Effective Date: January 27, 2022

These Terms of Use (“Terms of Use”) contain the terms and conditions on which Carry, LLC (“Carry”, “us”, “our”, or “we”) provides Content (as defined below) to you on www.thecarryapp.com (the “Website”), our application (the “App”), or through any other means or platform. The Website, App, Content, and any other means or platform through which we provide the Content are referred to collectively herein as the “Service”.

Please review these Terms of Use carefully before ordering or using the Service, including without limitation, before purchasing any Subscription (as defined below) through the Google or Apple stores or any other source.

BY CHOOSING TO USE, ACCESS, OR ORDER THE SERVICE, YOU ACKNOWLEDGE AND CERTIFY THAT:

YOU HAVE READ THESE TERMS OF USE, WHICH EXPRESSLY INCORPORATE OUR PRIVACY POLICY.
YOU AGREE TO BE BOUND BY AND COMPLY WITH OUR TERMS OF USE AND OUR PRIVACY POLICY.
YOU WILL AT ALL TIMES COMPLY WITH ALL APPLICABLE LAWS, RULES, REGULATIONS, TREATIES, AND ORDERS.
YOU HAVE CONSULTED WITH YOUR PHYSICIAN OR HEALTH CARE PROVIDER BEFORE USING THE SERVICE AND THAT YOU ARE PHYSICALLY CAPABLE OF USING OUR SERVICE.
YOU ARE AT LEAST SIXTEEN (16) YEARS OLD.
IF YOU DO NOT AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, PLEASE LEAVE OUR APP OR WEBSITE AND DISCONTINUE USE OF OUR SERVICE IMMEDIATELY.

If you wish to contact us concerning these Terms of Use or any aspect of the Service, please contact us at:

Carry, LLC

Email: official@thecarryapp.com

Your use and access to the Service and Content is, at all times, expressly conditioned on your compliance with these Terms of Use, as well as all applicable laws, rules, and regulations. Your failure to comply with these Terms of Use, as well as all applicable laws, rules, and regulations, may result in termination of your access to the Service.

1. DISCLAIMERS

Before using the Service, or any product, service, image, photograph, video, file, .MP3, .GIF, information, or any other content in any other format displayed, published, or posted on or through the Service or by us (collectively, “Content”), please consult with your physician or health care provider. The Content is not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care, and should not be construed as such. We do not endorse any kind of medical or other procedures, opinions, products, services, supplements, treatments, or information, even if it is referred to in the Content.

The Content is offered for informational purposes only. We shall not be held responsible or liable for the accuracy of any information transmitted or made available through the Content, nor responsible for any error or omissions in any of that Content. Do not ignore or disregard the advice of your physician or health care provider, and do not delay or fail to seek such advice because of anything you read or see in the Content. Your reliance on the Content or any information associated with the Content, including, without limitation, by performing exercises, is at your own risk. Not all activities described in the Content or Service are suitable for everyone. Do not use the Content or Service while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Service and Content.

The Service is controlled and operated by us from our offices in the State of Oregon. Your use of or access to the Service or Content outside of the State of Oregon should not be construed as our purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than the State of Oregon.

We hereby disclaim any and all representations, warranties, and guarantees, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, completeness, informational content, error-free operation, appropriateness for use, or results to be obtained from use with respect to the Service or Content. We make the Service and Content available “as is”, without warranty of any kind. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Your access and use of the Service and Content may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance, or for other reasons. You assume the risk of any and all damage or loss from use of, or inability to use or access the Service or Content.

We have no control over, and no liability for any third-party websites or materials, even if they are linked to or from the Service or Content. We make no representations, warranties, or guarantees about the accuracy, currency, content, or quality of the content and/or information provided by such third parties, and we assume no responsibility for third-party content. Any information or content on any third-party website or platform shall be governed by that party’s terms of use, which we encourage you to review.

2. SUBSCRIPTIONS

Free Trial: You may download the App free of charge. Upon opening the App, you will be asked to choose between commencing a free trial or registering a subscription or extended subscription. If you choose to subscribe, you forgo any remaining free trial days, and you will be asked to provide payment information through Apple or Google, and register an account on the App. If you choose a free trial, upon the expiration of the final day of the free trial, you will be asked to subscribe and provide payment information, and unless you cancel your subscription, you will be charged for an auto-renewing, periodic subscription (“Subscription” or “Extended Subscription”) as set forth in greater detail below. Free trials are limited to one (1) time per lifetime of each user, not device. The length of the free trial, in number of day/s, will be posted in the App. We reserve the right to terminate our Service if you attempt to re-enroll in a free trial using a different device or different information.

Recurring Subscriptions: Subscription periods are thirty (30) days. After an initial Subscription and each subsequent Subscription, the Subscription will automatically renew and you will be billed continuously for the Subscription until you cancel or terminate it, as set forth below. If you purchase a Subscription through Apple or Google, such purchase will be governed by Apple or Google’s payment policy.

Extended Subscriptions: We may offer Subscriptions for multiple thirty (30) day periods for the same or different rates (each, “Extended Subscriptions”). Extended Subscriptions shall be subject to the same terms and conditions as Subscriptions, except that they will renew upon the expiration of the Extended Subscription, renewed Extended Subscriptions will have before the same length of time as the initial Extended Subscription, and that you will be billed for the entire term of an Extended Subscriptions on the first day of the Extended Subscription. For example, if you purchase a six (6) month Extended Subscription, the Extended Subscription will renew at the expiration of 6 months for an additional six months. If you cancel an Extended Subscription after only one (1) month, you will not be entitled to a refund of any portion of the payment for the Extended Subscription.

Prices: Our prices are subject to change in our discretion. If our prices change, we will notify you via the service you used to enroll (Google or Apple, as applicable) and/or notify you in our App and/or via email.

Cancellation of Subscriptions: If you would like to terminate or cancel your Subscription, you may do so by logging into the service you used to enroll (Google or Apple, as applicable), by following their procedures for terminating or cancelling the subscription. PLEASE NOTE that even if you delete the Service from your device, you may continue to be billed at the beginning of each Subscription period. If you cancel or terminate your subscription during a Subscription period, you will still have full access to the Service for the duration of such period, but we will not offer refunds.

Discounts and Promotions: Promotion or discount codes or offers (including the Free Trial) provided by us may not be used together or in conjunction with any other promotion or discount code or offer. Any promotion or discount we offer will be governed by the terms and conditions of such promotion or discount.

Gifts and Sharing: We may enable gifting of Subscriptions to third parties. Any gift Subscription is subject to the same terms and conditions as non-gift Subscriptions. Our Service does not support family or other sharing programs. You may not allow other persons to access your account.

3. USER ACCOUNTS

You may be able to browse and use or interact with certain features of the Service or Content without being required to create an account with us. Certain features or activities on the Service or Content may require that you register for an account with us, including purchasing a ticket or merchandise. We reserve the right to terminate, cancel, or refuse registration of a username or account as set forth herein. When creating an account, you will be required to use your email address, select a password, and provide us with certain information. Information you provide to us when you create an account with us is governed by the terms of our Privacy Policy. Your username and identifier will be your email address and first name and last initial, respectively. We reserve the right to require you to modify or change your username and/or password if we believe that they violate these Terms of Use or present security concerns. You will also be required to select a password and will be solely responsible for maintaining the confidentiality of that password and all conduct on the Service. You may not provide access to your account to any third party or use a third party’s account. We are not responsible or liable for any harm that results from your disclosure of your password and/or username to any third party or any third party’s disclosure of their password and/or username to you. You are required to notify us if you learn of any third party accessing your account, username, or password for any reason.

We may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your account at any time by following the instructions in the Service.

The provisions of these Terms of Use concerning our disclaimers, your representations and warranties, intellectual property, DMCA notice, prohibited conduct, dispute resolution, indemnification, limitations of liability, miscellaneous provisions, and our right to modify these Terms of Use shall survive any such termination.

4. REQUIREMENTS AND REPRESENTATIONS

Healthfulness: By using the Service, you represent and warrant that you have consulted with your physician or health care provider before using the Service and that you are physically capable of using our Service.

Device Requirements: To access the Service or Content on your device, your device must satisfy certain system and technical requirements and have Internet access. These requirements can be found on Google and Apple’s marketplaces. You are solely responsible for all charges associated with your device, including, without limitation, Internet access and data charges by your wireless carrier or any third party.

Notifications: You agree that we may send you notifications, emails, text messages, alerts, or other electronic communications in connection with our Service. You can control most communications from our Service by accessing the App’s settings, or through your phone or device, provided certain necessary communications may not be disabled or prevented, such as service announcements and administrative messages. You agree to bear all messaging or data fees you may be charged by your wireless carrier or any third party.

5. INTELLECTUAL PROPERTY

Our Intellectual Property: All contents of the Service and Content are Copyright © 2020 Carry, LLC. All rights are reserved. All of our trademarks, logos, brand names, service marks, trade dress, trade names, copyrights, patents, domain names, trade secrets, text, graphics, images, music, software, audio, video, works of authorship of any kind, information or other materials that are posted, generated, provided or otherwise made available through or embedded in the Service or Content, and all other proprietary rights (collectively, “Intellectual Property”) whether registered or not, are our property or are licensed to us. Carry and its licensors exclusively own all right, title, and interest in and to the Service and the Content, including all Intellectual Property.

User Content: User content consists of any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Service that users (including you) provide to be made available through the Service (“User Content”). Carry does not claim any ownership rights in any User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit your User Content.

Limited License Granted by Carry: We grant you a revocable limited, personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, and non-exclusive license to use the Service, access and download the Content, and use the software embedded into the Service and Content only as authorized by these Terms of Use. We do not grant you, and nothing on the Service or Content should be understood as granting you a license to use, copy, modify, reproduce, or use for commercial purposes any of our Service, the Content, any Intellectual Property, or the Intellectual Property of any third party. You must obtain our prior written permission to modify, create derivative works of, copy, edit, sell, lease, transmit, display, publish, or post any of our Intellectual Property, the Service, or the Content.

Limited License Granted by You: By making any User Content available through the Service you hereby grant to Carry a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Service and Content to you and to other users.

6. DMCA COPYRIGHT NOTICE

If you have evidence, know, or have a good-faith belief that your rights or the rights of a third-party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information at the contact information listed above:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. PROHIBITED CONDUCT

You agree not to do any of the following:

Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, proprietary rights, confidentiality rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable treaty, law, rule, order, or regulation or would give rise to civil, criminal, or administrative liability; (iii) is fraudulent, false, misleading, untrue, or deceptive; (iv) is defamatory, threatening, harassing, vulgar, obscene, or offensive; (v) promotes violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; or (vi) promotes illegal or harmful activities or substances;

Use, display, or publish the Service or Content, or any individual element within the Service or Content; the Carry name, Intellectual Property, or other proprietary information; without Carry’s express written consent;

Access, tamper with, or use non-public areas of the Services, Carry’s computer systems, or the technical delivery systems of Carry’s providers;

Attempt to probe, scan, or test the vulnerability of any Carry system or network or breach any of the security or authentication measures that we use or that are used by Apple or Google for access to our Service;

Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Carry or any of Carry’s providers or any other third party (including another user) to protect the Service;

Attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Carry or other generally available third-party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a Carry trademark, logo URL or product name without Carry’s express written consent;

Use the Service for any commercial purpose or the benefit of any third-party or in any manner not permitted by these Terms of Use;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive or false source-identifying information;

Attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the software, including, without limitation, the source or object code, used by us in providing the Service;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, malware, crashing, overloading, flooding, spamming, or mail-bombing the Service;

Collect or store any personally identifiable information, personal data, personal information, or other sensitive information from the Service or from other users of the Service without their express consent;

Impersonate or misrepresent your affiliation with any person or entity; or

Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Service or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

8. DISPUTE RESOLUTION

By employing the Service, we do not consent to jurisdiction, venue, or choice of law in or of any jurisdiction. Any dispute with respect to or arising from or relating in any way to the Service shall be governed solely and exclusively by the laws of the State of Oregon without regard to its laws relating to choice of laws, and the forum to resolve any such dispute or disagreement shall be a court located solely and exclusively within the City of Portland, State of Oregon, United States of America, and no other forum whatsoever.

9. INDEMNIFICATION

By using the Service or purchasing any product or service on the Service, you agree to indemnify, defend, and hold harmless Carry and its employees, agents, contractors, contributors, affiliates, members, managers, officers, directors, shareholders, attorneys, advisors, and representatives (“Indemnified Parties”) from and against any and all losses, damages, liabilities, deficiencies, claims, allegations, causes of action, actions, judgments, assessments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, whether direct, contingent, or consequential and no matter how arising, whether or not meritorious, incurred by an Indemnified Party or awarded against an Indemnified Parties (collectively, “Losses”), arising out of or resulting from any claim of a third party arising from or relating to any acts or omissions you commit, including but not limited to, your violation of any applicable law, regulation, treaty, rule, or order; your violation of these Terms of Use; any act or omission of yours while using the Service; or any act or omission of any third party whom you allow to access your account or the Service on your behalf.

10. LIMITATION OF LIABILITY

In no event will we be liable to you or any third party making claims on your behalf or through you (whether based in contract, tort, strict liability or any other legal theory) for any indirect, consequential, incidental, punitive, exemplary, or special damages, or any damages for loss of data, profits, revenue, reputation, business, or goodwill, or business interruption, damages relating to the loss, inaccuracy, corruption, or inaccessibility of data, costs of recovering data, or costs incurred in repairing or replacing computers, software, mobile devices, tablets, or other devices, even if we have been advised of the possibility of such damages. In no event will our aggregate liability to you or to any third party making claims on your behalf or through you exceed all payments paid by you to Carry during the twelve (12) months preceding the date that you assert any claim against Carry.

11. MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and us concerning the subject matter of this agreement and supersede any other prior or contemporaneous agreement between you and us with respect to the subject matter hereof, whether written, oral, or implied. We may freely assign our rights under these Terms of Use. You are not permitted to assign, delegate, or transfer any rights hereunder without our prior, written consent, which we may withhold, delay, or condition in our sole and absolute discretion. These Terms of Use are binding on and will inure to the benefit of any permitted assign or successor hereunder. If any of the Terms of Use are held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such provisions shall be severed or limited to the minimum extent necessary for Terms and Use to otherwise remain in full force and effect. A waiver by you or us of any provision of these Terms of Use or any breach thereof, will not constitute a waiver of any other provision of these Terms of Use or any subsequent breach.

12. REVISIONS OR MODIFICATIONS OF THESE TERMS OF USE

We reserve the right change, add, modify, or remove portions of these Terms of Use at any time, which shall become effective as of the effective date at the top of this page. You are responsible for reviewing these Terms of Use prior to each use of the Website. By continuing to use the Website, you agree to any modifications.