App Swager Inc, of 8605 Santa Monica Blvd #20107 Los Angeles, CA 90069 (hereinafter the Company) agrees to deliver marketing services to the Client upon the express agreement of Client to the following:
Client agrees to pay App Swager Inc a monthly fee of ninety-seven dollars ($97.00) per month in exchange for using App Swager software and hosting of their mobile app. The initial term of this contract shall be 1 month. Upon expiration of the initial one month period, this contract shall become a month-to-month service which can be canceled at anytime by giving 30 days written notice to App Swager Inc at 8605 Santa Monica Blvd #20107 Los Angeles, CA 90069 ATTN Billing Department.
Fees shall be billed on the day of enrollment then monthly on the anniversary of the date of Client’s enrollment with Company. Client agrees that there are no refunds. In the event of a cancellation of service there will be no future billing and your account is closed immediately.
It is expressly understood by Client and Company that despite the best efforts of Company, the results of the Company’s services and activities cannot be represented and that Company makes no representations or warranties of the success of said efforts and activities.
Client agrees not to release any trade secrets learned from Company to anyone else outside Client’s employment.
Client shall defend, indemnify and hold harmless Company against all liability, loss and expense, including actual attorney’s fees, and expenses, in connection with any claim, demand, action or causes of action asserted against Company, without limiting the generality, for any injury to or death of any person or for loss or damage to any property where such injury, death, loss or damage, however caused, results from or occurs in connection with the performance of any work, services or activities provided by Client, except that Client shall not be required to indemnify Company for the sole negligence or willful misconduct of Company.
This Agreement shall be governed and interpreted in accordance with the laws of the State of California.
Should any portion of this Agreement be found to be invalid or unlawful, the remainder of the Agreement shall continue to be enforceable.
Company’s services are not the provision of legal advice. Client retains sole responsibility to determine whether any and all marketing concepts are in compliance with privacy laws and state regulations.
THE MAXIMUM LIABILITY OF COMPANY, ITS DIRECTORS, OFFICERS, PARENT COMPANY, AND AFFILIATES, TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENTS MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY CLIENT TO APP SWAGER INC HEREUNDER. IN NO EVENT SHALL COMPANY, ITS DIRECTORS, OFFICERS, AND AFFILIATES BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES PROVIDED BY THE COMPANY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.