1. Acceptance of Terms
Welcome to Ignited owned and operated by Ignited Network Corporation ("Ignited"). These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, SMS, APIs, email notifications, applications, buttons, and widgets, (the "Services,” “Site" or “Ignited”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). By clicking "I Agree" on the account registration or payment page or using the Site in any way, you are agreeing to comply with and be bound by this Agreement and the Privacy Policy and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively "Terms"). If you do not agree with all the Terms, or if you are under the age of thirteen (13), do not use the Site. Please review all of the Terms carefully before using the Site.

By using the Site, you (i) agree to be bound by the Terms, (ii) represent that you are over the age of thirteen (13) and able to form legally binding contracts, (iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged, (iv) acknowledge that the service is subject to U.S. export controls and agree that you will comply with U.S. export controls, and (v) represent that you are neither located in sanctioned country nor a prohibited person.

Please note that these Terms provide that if you and Ignited are unable to resolve any disputes that arise between you and Ignited, the dispute will be resolved by a specific dispute resolution process that may include arbitration. Arbitration is binding and is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You and Ignited also agree that any claims or disputes cannot be brought as a class action. Please carefully review the Dispute Resolution section below and visit http://www.adr.org for more information about arbitration.
2. Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you yourself can, or you are authorized by another entity to, form a binding contract with Ignited and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services that Ignited provides are always evolving and the form and nature of the Services that Ignited provides may change from time to time without prior notice to you. In addition, Ignited, in its sole discretion, may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Ignited may modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting provided, however, that material changes to the Terms will be effective as to you upon the earlier of the agreement of the User or thirty (30) days after notice to you, either via email from us to your email address on file with Ignited or via other means including but not limited to an update via Ignited.me, a pop-up or banner, message or other conspicuous notice on the Site. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails Ignited. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by Ignited on the Services are subject to change. In consideration for Ignited granting you access to and use of the Services, you agree that Ignited and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
3. Privacy
Any information that you provide to Ignited is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Ignited. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Ignited account, which you may not be able to opt-out from receiving.
4. Passwords
When you register on the Site, you can establish a user name and password for access to your online account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Ignited of any unauthorized use of your password or account. You should only create one account on the Site. If your Ignited account has been suspended or terminated, you may not open another account on the Site. Ignited cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
5. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Ignited be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
6. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Ignited to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Ignited for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

Such additional uses by Ignited, or other companies, organizations or individuals who partner with Ignited, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You hereby grant us consent to do so.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Ignited will not be responsible or liable for any use of your Content by Ignited in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
7. Your License To Use the Services
Ignited gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Ignited as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Ignited, in the manner permitted by these Terms.
8. Ignited Rights
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Ignited and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Ignited name or any of the Ignited trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Ignited, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
9. Restrictions on Content and Use of the Services
Please review these Terms to better understand what is prohibited on the Service. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Ignited, its users and the public.

Ignited does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.

You agree that any Content you provide on the Site and your use of our Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with Ignited or the Site; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include.

You may not consummate any transaction that was initiated using our Service that could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the Content on the Site without Ignited's prior written consent.

We do not knowingly collect personal information from children under thirteen years of age, and if we become aware that a child under the age of thirteen (13) has submitted personal information to us, we will promptly remove it from our systems.

You are prohibited from soliciting other users of this Site for any purpose (including inviting other users to contact you off of the Site or inviting Users to participate in a website that competes with Ignited or the Site).

In addition, you may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Ignited’s computer systems, or the technical delivery systems of Ignited’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Ignited (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Ignited (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Ignited is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
10. Copyright Policy
Ignited respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) 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 copyright owner. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Ignited will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Ignited Network Company, Inc.
Attn: Copyright Agent
2029 Verdugo Blvd, #241
Montrose, Ca 91020
11. Ending These Terms
The Terms will continue to apply until terminated by either you or Ignited as follows. You may end your legal agreement with Ignited at any time for any reason by deactivating your accounts and discontinuing your use of the Services. You do not need to specifically inform Ignited when you stop using the Services. If you stop using the Services without deactivating your accounts, your accounts may be deactivated due to prolonged inactivity.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 4, 5, 7, 8, 10, 11, and 12. Nothing in this section shall affect Ignited’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
12. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of Ignited and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Ignited Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available "AS-IS"

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE Ignited ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Ignited Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Ignited Entities or through the Services, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Ignited Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Ignited Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE IGNITED ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE IGNITED ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID IGNITED, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE IGNITED ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
13. General Terms
Please read this section carefully since it limits the liability of Ignited and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Ignited Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. Waiver and Severability

The failure of Ignited to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Choice of Law and Dispute Resolution

CHOICE OF LAW. The Terms shall be governed by, and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions.

DISPUTE RESOLUTION. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Ignited are each waiving the right to a trial by jury and waiving the right to participate in a class action involving all disputes, claims and controversies, of any sort or nature, between us, arising out of the use of the Site ("Dispute"). You and Ignited agree that any Dispute shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the user's email address on file with Ignited, or (b) to Ignited at 2029 Verdugo Blvd, #241, Montrose, Ca 91020 or info@Ignited.network, whichever is applicable ("Dispute Notification"); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Online Mediation for Small Claims with the American Arbitration Association ("AAA") (or Request for Mediation for the minimum of four (4) hours only if the Small Claims limit is exceeded), available online at http://www.aaamediation.com/, with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties, which cost is currently set at US$50 but may be changed by the AAA; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the AAA, see www.adr.org/aaa/faces/services/fileacase/casefiling, in which case the Dispute shall be resolved by binding arbitration (by telephone, online and/or solely based on written submissions as chosen by the party initiating the arbitration, as allowed by the AAA Rules and unless otherwise agreed by the parties) or by filing a claim in small claims court. The cost of any arbitration shall be born equally by the parties (except that Ignited may pay the parties' AAA administrative fees up to US$1000), unless otherwise ordered by the arbitrator(s), and the decision of the arbitrator(s) shall be binding and enforceable in any court of competent jurisdiction.

IMPROPERLY SUBMITTED CLAIM. All Disputes must be resolved as set forth above. Disputes filed in a different manner shall be considered improperly filed, and shall entitle Ignited to attorneys’ fees and costs up to US$1000, provided that Ignited has notified you in writing (at the email address on file with Ignited will suffice) of the improperly filed claim, and you have failed to withdraw the claim promptly.

NO CLASS CLAIMS; WAIVER. YOU AND IGNITED EXPRESSLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING and that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of Site users or otherwise asserting claims on behalf of a class ("Waiver"). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the courts located in San Francisco County, California and agree to waive any and all jurisdictional, venue or inconvenient forum objections.

This Dispute Resolution section shall survive termination of this Agreement and the termination of your relationship with Ignited

C. Release

Users are responsible for their acts and omissions and content placed on the Site. Because the Ignited Site is a venue, in the event that you have a dispute with one or more users of the Site, you release Ignited (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, attorneys, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

D. Indemnification

You agree to indemnify and hold Ignited, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third-party that are in any way due to or arising out of your use of or conduct on the Site.

E. Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between Ignited and you regarding the Services (excluding any services for which you have a separate agreement with Ignited that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Ignited and you regarding the Services. Other than members of the group of companies of which Ignited, Inc. is the parent, no other person or company will be third party beneficiaries to the Terms.

We may revise these Terms from time to time, the most current version will always be at Ignited.network/terms. If the revision, in our sole discretion, is material we will notify you via an Ignited.me update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Ignited Network Corporation, 2029 Verdugo Blvd, #241, Montrose, Ca 91020. If you have any questions about these Terms, please contact us at info@ignited.network.


Effective: July 11, 2016