The website located at authenticlabs.com and each sub-site thereof (collectively the “Site“) and the application known as the Real® Application (the “Application“) are copyrighted works belonging to Authentic Labs, LLC, a Colorado limited liability company (“Authentic Labs“, “we“, and “our“). Authentic Labs supplies authentication and other services (collectively, and with all other services provided through the Site and Application, the “Services”). Certain features of the Services may be subject to additional guidelines, , or rules, each of which will be posted on the Application or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
1.1 Account Creation
In order to use our analytics dashboard, you may need to register for an account with Authentic Labs (“Authentic Labs Account“) and provide certain information about yourself or your company as prompted. Please do not create an Account if you are under 18 years of age. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Authentic Labs Account at any time, for any reason, by following the instructions on the Site. Authentic Labs may suspend or terminate your Authentic Labs Account in accordance with Section 8.
1.2 Account Responsibilities
You are responsible for maintaining the confidentiality of your Authentic Labs Account login information and are fully responsible for all activities that occur under your Authentic Labs Account. You agree to immediately notify Authentic Labs of any unauthorized use, or suspected unauthorized use of your Authentic Labs Account or any other breach of security. Authentic Labs cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You are hereby granted a nonexclusive, limited, non-transferable, revocable, and non-sublicensable license to use the Services pursuant to this Agreement. Your use of the Site or Application is subject to this Agreement and does not include: (i) any resale, lease, rental, assignment, or other transfer of rights in the Site or Application; (ii) the distribution, public performance, or public display of the Site or Application; or (iii) modification, revision, creation of derivative works from or otherwise making any derivative uses of the Site or Application or any information or content therein. Authentic Labs hereby reserves all rights not expressly granted herein. Any use of the Site or Application other than as specifically authorized herein, without the prior written permission of Authentic Labs, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark and other intellectual property laws. You hereby grant to Authentic Labs the limited right to use your company name, trademarks, service marks and/or logos to identify you as a customer of Authentic Labs in its press releases, marketing publications, or websites.
2.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Application; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site or Application; (c) you shall not access the Site or Application in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Application may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. You may use the analytics furnished in your Account for commercial purposes, provided that you do not attempt to re-identify or contact any user of the Application. Any future release, update, or other addition to functionality of the Site or Application shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Application content must be retained on all copies thereof.
Authentic Labs reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Authentic Labs will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof, except as expressly set forth in Section 8.
2.4 Support or Maintenance
You may obtain basic technical support and maintenance in connection with the Site or Application by following the directions on the relevant Service.
2.5 Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Nothing in these Terms operates to transfer, assign or grant any of those rights to you. You must not reproduce or use images, trademarks or names displayed on the Website other than for your personal use without written permission of the owner.
Unless specifically prohibited by a notice published on any page, you may make a print copy of any parts of the Site that you require for your own personal use, provided that in doing so you do not remove or alter any trade mark, copyright or other proprietary notices contained in that part of the Site. Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged. You must not use any part of the content on our Site for commercial purposes without obtaining a license to do so from us or our licensors.
You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Application are owned by Authentic Labs or Authentic Labs’ licensors. The provision of the Site and Application does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Authentic Labs and its suppliers reserve all rights not granted in this Agreement.
3. Acceptable Use Policy
3.1 Acceptable Use Policy
(a) You agree not to use the Site or Application to collect, upload, transmit, display, or distribute any content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, defamatory, pornographic, obscene, patently offensive, or that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable in our sole judgment; or (iii) that is in violation of any law, regulation, obligations, or restrictions imposed by any third party.
(b) In addition, you agree not to use the Site or Application to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Application or violate the regulations, policies, or procedures of such networks; (v) attempt to gain unauthorized access to the Site or Application, other computer systems, or networks connected to or used together with the Site or Application, through password mining or other means; (vi) harass or interfere with another user’s use and enjoyment of the Site or Application; or (vii) introduce software or automated agents or scripts to the Site or Application so as to produce multiple accounts, generate automated searches, requests, and queries, or to strip, scrape, or mine data from the Site or Application (except that we grant the operators of public search engines revocable permission to use spiders or similar technology to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly-available, searchable indices of the materials, but not caches or archives of such materials).
We reserve the right (but have no obligation) to review any content you upload, investigate it, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Authentic Labs Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
You agree that you will not use any Service in connection with any application labeled or described as a “Kids” or “Children” application and will not use any Service (i) in connection with any application, advertisement or service directed towards children, (ii) to collect any personal information from children or (iii) request or permit any advertiser to transmit any personal information from children to Authentic Labs.
You agree to indemnify and hold Authentic Labs (and its subsidiaries, 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 (a) your use of the Site or Application, (b) your use of any data provided in any part of the Services, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Authentic Labs 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 Authentic Labs. Authentic Labs will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
5. Third Party Sites; Other Users
5.1 Third Party Sites
The Site might contain links to third-party websites and services for third parties (each a “Third-Party Site“). Such Third-Party Sites are not under the control of Authentic Labs and we are not responsible for any Third-Party Sites. Authentic Labs may provide these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third-Party Sites at your own risk. When you link to a Third-Party Site, 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 Sites.
5.2 Dashboard Data
Each Authentic Labs Account holder is solely responsible for any and all of the data on its dashboard. The data is provided by Authentic Labs, and while we endeavor to keep the data up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site, the data, the dashboard, Services, or related graphics contained on the Site for any purpose. Any reliance you place on such data is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Site.
You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Application users or Third-Party Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE SITE AND APPLICATION ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE 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 SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation on Liability
IN NO EVENT WILL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
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 THE GREATER OF (A) FIFTY US DOLLARS ($50); OR (B) AMOUNTS YOU HAVE PAID AUTHENTIC LABS IN THE PRIOR 12 MONTHS (IF ANY). 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 OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Services or any part thereof. We may (a) suspend your rights to use the Site and/or Application (including your Authentic Labs Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Application in violation of this Agreement. Upon termination of this Agreement, your Authentic Labs Account and right to access and use the Site or Application will terminate immediately. You understand that any termination of your Authentic Labs Account involves deletion of your dashboard associated therewith. Except if separately agreed between you and Authentic Labs, Authentic Labs will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Authentic Labs Account or deletion of your Account. The following provisions of this Agreement will remain in effect after termination: Sections 3.2, 3.3, 4–9.
9.1 Changes to This Agreement
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site or Application. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site or Application. These changes will be effective immediately for new users of our Site or Application. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Application following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9.2 Dispute Resolution
(a) Governing Law and Venue
This Agreement shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. Any action or proceeding relating to a claim or controversy at law or equity that arises out of or relates to this Agreement or the Site or Services (a “claim”) must be brought in a state court located in Boulder, Colorado or a federal court located in Denver, Colorado, and each party irrevocably submits to the exclusive jurisdiction and venue of any such court in any such action or proceeding, unless such claim is submitted to arbitration as set forth below. Notwithstanding anything to the contrary, Authentic Labs may seek injunctive relief in any court having jurisdiction to protect its intellectual property or confidential or proprietary information.
(b) Contact Authentic Labs First
If a dispute arises between you and Authentic Labs, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with Authentic Labs regarding our Site or Services by emailing support@authenticLabs.com.
(c) Alternative Dispute Resolution
For any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (i) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (ii) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (iii) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (iv) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) Improperly Filed Claims
All claims between you and Authentic Labs must be resolved in accordance with this Section 9.2. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Authentic Labs may recover attorneys’ fees and costs up to $1,000, provided that Authentic Labs has notified you in writing of the improperly filed claim and you fail to promptly withdraw the claim. Similarly, should Authentic Labs file a claim contrary to this Section, you may recover attorneys’ fees and costs up to $1,000, provided that you have notified Authentic Labs in writing of the improperly filed claim and Authentic Labs fails to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.
9.3 Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. As used herein, the word ‘including’ means ‘including without limitation’. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement 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 Authentic Labs is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Authentic Labs’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon Authentic Labs’ assignees.
9.4 Copyright/Trademark Information
Copyright © 2021, Authentic Labs, LLC. All rights reserved. All trademarks, logos, and service marks (“Marks“) displayed on the Site 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.
9.5 Contact Information
Authentic Labs, LLC
PO Box 19046
Boulder, CO 80308