Version 1.0.
Last Revised on: October 5, 2021

Thank you for your interest in Firehose Inc. dba Ticker (“Ticker”, “us”, “our”, or “we”) and our websites, mobile applications (each an “App”), and online services available, accessible, or enabled via the websites or App (collectively, the “Services”). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use (the “Terms,” together with such additional terms, the “Agreement”).

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. BY CLICKING “I ACCEPT”, ACCESSING, OR USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES.
PLEASE BE AWARE THAT SECTION 7 OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT THAT WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES 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 ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

 

1. 1. ACCESS TO THE SERVICES
      • 1.1 License. Subject to this Agreement, Ticker grants you a non-transferable, non-exclusive, revocable, limited: (i) right to use and access the Services solely for your own personal, noncommercial use; and (ii) license to download, install, and run the App on mobile devices owned or controlled by you solely in connection with accessing and using the Services.
      • 1.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive website, product, or service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to this Agreement. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof. In order to use certain features of the Services, you may be required to provide certain information about yourself as prompted by the Services. You represent and warrant that: (a) all required information you submit is truthful and accurate; (b) you will maintain the accuracy of such information.
      • 1.3 Modification. Ticker reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Ticker will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
      • 1.4 No Support or Maintenance. You acknowledge and agree that Ticker will have no obligation to provide you with any support or maintenance in connection with the Services.
      • 1.5 Ownership. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Ticker or Ticker’s suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Ticker and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under the Agreement.
      • 1.6 Your Preferences and Change of Device. The preferences and elections that you make on the App with respect to the Services are stored locally in your device; provided that Ticker reserves the right to modify this functionality at any time in its sole discretion. As such, in the event that you change devices, access the Services from another device your preferences and elections may not be transferred to such other device and if you or delete the App or erase or restore your device on which the App is installed, your preferences and elections may be deleted and unrecoverable. Without limitation on any other terms of this Agreement, Ticker shall not be responsible for any loss of information or such elections and preferences resulting from any change in device or deletion or uninstallation of the App.
      • 1.7 Feedback. If you provide Ticker with any feedback or suggestions regarding the Services (“Feedback”), you hereby grant to Ticker a non-exclusive, perpetual, irrevocable, transferable, sublicensable, fully paid up, royalty free license to freely use and exploit any Feedback. Ticker will treat any Feedback you provide to Ticker as non-confidential and non-proprietary. You agree that you will not submit to Ticker any information or ideas that you consider to be confidential or proprietary.

 

1. 1. INDEMNIFICATION. You agree to indemnify and hold Ticker (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Services, (ii) your violation of the Agreement; or (iii) your violation of applicable laws or regulations. Ticker reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Ticker. Ticker will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

1. 1. THIRD-PARTY LINKS.
      • 3.1 Third Party Links. The Services may contain links to third-party websites and services and applications (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Ticker, and Ticker is not responsible for any Third-Party Links. Ticker provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.
      • 3.2 Third Party Accounts. To the extent permitted by the function of the Services, you may link a valid account on a social networking service or on the app store or marketplace from which you downloaded the App (e.g., Apple App Store, Google Play store, etc.) to the Services (each such account, a “Third-Party Account”). By connecting your Third-Party Accounts you are allowing Ticker to access your Third-Party Account as 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 Ticker and/or grant Ticker access to your Third-Party Account (including, but not limited to, 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 Ticker to pay any fees or making Ticker subject to any usage limitations imposed by such third-party service providers. By granting Ticker access to any Third-Party Accounts, you understand that Ticker may access, make available content and materials accessible through the Services (“SNS Content”) so that it is available to you on and through the Services. Please note that if a Third-Party Account or associated service becomes unavailable or Ticker’s access to such Third-Party Account is terminated by you or the third-party service provider, then the SNS Content that is available to you via the Services may no longer be available to you. You have the ability to disable the connection between your Ticker account and your Third-Party Accounts by accessing the applicable account settings page on the Third-Party Account. 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 TICKER IS NOT LIABLE 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. Ticker makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Ticker is not responsible for any SNS Content.

 

1. 1. DISCLAIMERSTHE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND TICKER (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.YOU ACKNOWLEDGE THAT THE SERVICES MAY CONTAIN OR DISPLAY CONTENT AND INFORMATION PROVIDED AND/OR CREATED BY THIRD PARTIES, AND TICKER DOES NOT EDIT OR CREATE SUCH INFORMATION OR CONTENT. SUCH INFORMATION AND CONTENT IS PROVIDED AS A CONVENIENCE TO YOU AND IS BASED ON THE ELECTIONS AND PREFERENCES YOU MAKE WHEN USING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT TICKER IS NOT RESPONSIBLE FOR AND MAKES NO GUARANTEES, COVENANTS, WARRANTIES OR REPRESENTATIONS IN CONNECTION WITH ANY SUCH INFORMATION OR CONTENT OR ITS ACCURACY, COMPLETENESS, CORRECTNESS, CURRENCY, TRUTHFULNESS OR VERACITY. TICKER IS NOT A SECURITIES TRADING PLATFORM, A STOCKBROKER, OR A FINANCIAL ADVISOR, AND TICKER SHALL NOT BE LIABLE FOR ANY DECISIONS YOU MAKE OR ANY ACTION OR INACTION YOU TAKE BASED ON THE ANY CONTENT OR INFORMATION YOU VIEW ON THE SERVICES.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

    

   2. LIMITATION ON LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TICKER (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF TICKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE-HUNDRED US DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

1. 1. TERM AND TERMINATION. This Agreement COMMENCES on the date you first click “I Accept” or otherwise access or use the Services and survives until it is terminated in accordance with the terms of the Agreement. We may terminate this Agreement and/or your right or ability to access or use the Services at any time for any reason or no reason. You may terminate this Agreement at any time by ceasing all use of the Services, deleting all copies of the App, and notifying us of your termination of this Agreement by emailing: support@firehose.co. In the event of any termination of the Agreement, all of your rights to access and use the Services will automatically terminate and you will cease all use of the Services and delete all copies of the App. Ticker will not have any liability whatsoever to you for any termination of your rights under this Agreement. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2-1.5, 2, and 4 through 8.

 

1. 1. ARBITRATION AND GOVERNING LAW. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Ticker and limits the manner in which you can seek relief from us.
      • 7.1 Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services, to any products sold or distributed through the Services, or to any aspect of your relationship with Ticker, will be resolved by binding arbitration, rather than in court, except that: (i) you may assert claims or seek relief in small claims court if your claims qualify; and (ii) you or Ticker may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
      • 7.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent National Registered Agents, Inc., 160 Greentree Drive, Suite 101, Dover, DE 19904. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or requests for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/ all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Ticker will pay them for you. In addition, Ticker will reimburse all such JAMS’ filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
      • 7.3 Authority of Arbitrator. The arbitrator shall have exclusive authority to: (i) determine the scope and enforceability of this Arbitration Agreement; and (ii) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Ticker. The arbitration proceeding 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 arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). 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 us.
      • 7.4 Waiver of Jury Trial. YOU AND Ticker HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Ticker are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 7.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
      • 7.5 Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated.
      • 7.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: support@firehose.co, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
      • 7.7 Severability. Except as provided in subsection 7.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
      • 7.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Ticker.
      • 7.9 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Ticker makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Ticker at the following address: support@firehose.co.

 

1. GENERAL
   • 8.1 Changes to the Agreement. PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY TICKER ON A GOING-FORWARD BASIS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Ticker will make a new copy of the modified Terms and any modified additional terms available on the Services. Any changes to the Agreement will be effective immediately for new users of the Services and will be effective for continuing users upon the earlier of: (a) thirty (30) days after posting notice of such changes on the Services for existing users; (b) thirty (30) days after dispatch of an email notice of such changes to you; or (c) you to providing consent to the updated Agreement in a specified manner, as applicable. Unless otherwise stated, your continued use of the Services constitutes your acceptance of such change(s). If you do not agree to any change(s) after receiving a notice of such change(s), you may not be permitted to continue using the Services. PLEASE REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS.
   • 8.2 Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Ticker, or any products utilizing such data, in violation of the United States export laws or regulations.
   • 8.3 Disclosures. Ticker is located at the address in Section 8.9. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
   • 8.4 Electronic Communications. The communications between you and Ticker use electronic means, whether you use the Services or send us emails, or whether Ticker posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Ticker in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Ticker provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
   • 8.5 Governing Law. 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 THE AGREEMENT.
   • 8.6 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Ticker agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Santa Clara County, California.
   • 8.7 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Ticker is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Ticker’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Ticker may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
   • 8.8 Copyright/Trademark Information. Copyright © 2021, Firehose Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
   • 8.9 Contact Information:
     Firehose, Inc.
     Address: 407 Broadway, Santa Cruz, CA 95060
     Email: support@firehose.co
   • 8.10 App Stores. With respect to the App accessed through or downloaded from the Apple App Store (an “App Store Sourced Software”), you will only use the App Store Sourced Software (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App access through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the App on a shared basis within your designated family group. You agree to comply with all applicable United States and foreign laws related to use of the App and the Services. You acknowledge and agree that the availability of the App and the Services are dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that this Agreement is between you and Ticker and not with the App Store. Ticker, not the App Store, is solely responsible for Services, 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 Services, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Services, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
   • 8.11 App from Apple App Store. The following also applies to any App Store Sourced Software.
     • You acknowledge and agree that this Agreement is solely between you and Ticker, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the App Store Sourced Software or content thereof.
     • Your use of the App Store Sourced Software must comply with the App Store Terms and Conditions.
     • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Software.
     • In the event of any failure of the App Store Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Ticker as provider of the software.
     • You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store Sourced Software or your possession and/or use of the App Store Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the App Store Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Ticker as provider of the software.
     • You acknowledge that, in the event of any third party claim that the App Store Sourced Software or your possession and use of that App Store Sourced Software infringes that third party’s intellectual property rights, Ticker, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
     • You and Ticker acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the App Store Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App Store Sourced Software against you as a third-party beneficiary thereof.

Please contact us with any questions regarding this Agreement or the Services.

This Agreement was last modified on October 5, 2021.