Terms of Service Use

Welcome to ImComing’s Terms and Conditions of Use (these “Terms”). This is a contract between you and ImComing (as defined further below) and we want you to know your and our rights before you use the ImComing website or application (“ImComing” or the “App”). Please take a few moments to read these Terms before exploring the App, because once you access, view, or use the App, you will be legally bound by these Terms. The ImComing App is designed to create a safe, authentic, and law-abiding community for our users.

Please be aware that if you subscribe to services for a term (the “Initial Term”), then the terms of your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at ImComing’s then-current fee for such services unless you cancel your subscription in accordance.
(California subscribers: You may cancel your subscription and request a refund before midnight of the third business day following the date you subscribed. If you subscribed using your Apple ID, refunds are handled by Apple, not ImComing. If you wish to request a refund, please visit https://getsupport.apple.com. If you subscribed using your Google Play Store account or through ImComing, please get in touch with customer support.)

THESE TERMS OF SERVICE REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE (AS DEFINED BELOW), AND YOU AGREE THAT ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. PLEASE REVIEW SECTION 17 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE.
SOME COUNTRIES, STATES, AND REGIONS HAVE LAWS THAT CRIMINALIZE THE UNSOLICITED TRANSMISSION OF “SEXUALLY EXPLICIT VISUAL MATERIAL” INCLUDING “OBSCENE, PROFANE, INDECENT, VULGAR, SUGGESTIVE, OR IMMORAL” CONTENT, WITHOUT “EXPRESS CONSENT” OF THE RECIPIENT.
TO ENSURE THAT OUR MEMBERS ARE ABLE TO FREELY DISCLOSE THEIR OWN PERSONAL CONTENT TO EACH OTHER WITHOUT FEAR OF REPRISAL, PLEASE BE ADVISED THAT USE OF THE SERVICE CONSTITUTES “EXPRESS CONSENT” AS DEFINED BY APPLICABLE LAW.

Important Notice

1. AGE RESTRICTIONS AND SAFETY.
  1. NO USE BY UNDERAGE PERSONS. The ImComing App is intended ONLY for legal adults. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (OR THE AGE OF MAJORITY IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) MAY ATTEMPT, DIRECTLY OR INDIRECTLY, TO VIEW, DOWNLOAD, POSSESS, OR OTHERWISE USE THE IMCOMING APP.
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  2.  YOU MUST BE A LEGAL ADULT. BY ACCEPTING THIS AGREEMENT, CREATING A USER ACCOUNT (AS DEFINED BELOW), AND ENTERING A DATE OF BIRTH FOR AGE VERIFICATION PURPOSES, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT:

    • YOU ARE CURRENTLY EIGHTEEN (18) YEARS OF AGE OR OVER (OR THE AGE OF MAJORITY IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY);
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    • YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS OUTLINED IN THIS AGREEMENT;
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    • YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND
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    • YOU ARE NOT ON ANY LIST OF U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED LISTS.
2. SAFETY; YOUR INTERACTIONS WITH OTHER MEMBERS; NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS. PLEASE NOTE THAT IMCOMING App DOES NOT CONTROL ANY OF THE THINGS OUR USERS SAY OR DO. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE IMCOMING APP AND YOUR INTERACTIONS WITH OTHER USERS (WHETHER ON OR OFF THE IMCOMING APP). IMCOMING APP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS.
  1. IMCOMING DOES NOT CURRENTLY CONDUCT CRIMINAL OR OTHER BACKGROUND SCREENINGS OF OUR USERS. IMCOMING RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.
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  2. IMCOMING DOES NOT INQUIRE INTO THE BACKGROUNDS OF OUR USERS OR ATTEMPT TO VERIFY THE INFORMATION PROVIDED BY OUR USERS IN CONNECTION WITH ACCOUNT CREATION, INCLUDING THE ACCURACY OF THE DATE OF BIRTH REPORTED FOR AGE VERIFICATION PURPOSES.
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  3. IMCOMING DOES NOT VERIFY THE INFORMATION PROVIDED BY USERS CONCERNING USERS’ IDENTITY, HEALTH, PHYSICAL CONDITION, OR OTHERWISE.
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  4. IMCOMING IS A SEX-POSITIVE PLATFORM. YOU ACKNOWLEDGE THAT YOU MAY RECEIVE ACCESS TO USER-GENERATED CONTENT THAT COULD BE CONSIDERED OBJECTIONABLE IN CERTAIN CONTEXTS.
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  5. YOU UNDERSTAND THAT IMCOMING IS NOT RESPONSIBLE FOR ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE IN LOCATIONS WHICH MAY ATTEMPT TO CRIMINALIZE OR LIMIT YOUR PERSONAL INTERACTIONS. YOU MUST MAKE YOUR OWN INFORMED DECISIONS ABOUT USE OF THE APPLICATION IN YOUR LOCATION AND ASSESS ANY POTENTIAL CONSEQUENCES
3. WARNING: IMPORTANT DISCLAIMER ABOUT LOCATION DATA.
  1. USERS WHO USE THE IMCOMING APP IN AN UNAUTHORIZED MANNER, OR OTHER USERS WHO CHANGE THEIR LOCATION WHILE YOU REMAIN IN THE SAME LOCATION, MAY USE DISTANCE INFORMATION TO DETERMINE YOUR EXACT LOCATION AND MAY BE ABLE TO DETERMINE YOUR IDENTITY
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  2. THE IMCOMING APP IS INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE IMCOMING APP COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. IMCOMING IS NOT SUITED OR INTENDED FOR FAMILY FINDING PURPOSES, FLEET TRACKING, OR ANY OTHER TYPE OF BUSINESS OR ENTERPRISE USE. OTHER PRODUCTS EXIST TODAY THAT MAY BE USED SPECIFICALLY FOR THESE PURPOSES.

1. INTRODUCTION

By accessing, browsing and/or using our website(s) (each, a “Site” and collectively, the “Site(s)”), downloading, installing and/or using any mobile or web application (each an “App” and collectively, the “App(s)”) or any other services or products owned, controlled or offered by IMCOMING (the Site(s), the App(s) and any such other services and products are collectively referred to hereinafter as the “Service”), you acknowledge that you have read and understood and agree to be bound by these Terms of Service (“Terms”).

If you do not agree to these Terms, then please cease using the Service immediately and you must uninstall the Service from any computer or mobile device owned or controlled by you. ImComing reserves the right to update or modify these Terms at any time. We recommend that you periodically check the Service for changes. By accessing, browsing and/or using any Service after these updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND IMCOMING. In addition, the ImComing Privacy Policy governs your access to and use of the Service and the processing of certain information about you.

2. RIGHTS TO USE THE SERVICE

Subject to your compliance with these Terms in all material respects, ImComing grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (i) access and view pages from the Service for your personal, non-commercial use only; and (ii) print a reasonable number of such pages for your personal, non-commercial use only. Your access to and use of the Service must further comply in all material respects with any instructions and guidelines (“Guidelines”) posted on and/or communicated through the Service.

Subject to your compliance with these Terms in all material respects, ImComing further grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service, in machine executable object code form only, on a single compatible personal device that you own and control, solely for personal, non-commercial purposes. We may make the App(s) available for download through the iTunes App Store at https://itunes.apple.com, the Google Play Store at https://play.google.com/store/apps, or other third-party app stores (each, an “App Store”). Your license to any App(s) is also governed by the applicable terms of service, policies, and procedures of the App Store through which you download the App(s) (the “App Store Terms”). These Terms amend and supplement the applicable App Store Terms and to the extent that these Terms contradict or are inconsistent with the applicable App Store Terms, these Terms control and prevail. You are authorized to download the App(s) solely via the App Stores, if any, through which we make them available for download. You acknowledge that by downloading an App(s) via an App Store, you are subject to the applicable App Store Terms.ImComing reserves the right to terminate or suspend your license to use all or any portion of the Service and your other rights under these Terms at any time and for any reason, including, but not limited to, violation of these Terms, the Guidelines and/or any applicable App Store Terms. Upon such termination, all license and other rights granted to you under these Terms will immediately terminate, but all other provisions of these Terms will survive termination. You will immediately cease all use of the Service and any associated account(s) with us and remove and destroy all copies of the App(s) from your devices. We may further bar access to the Service and your account(s) and delete any and all information associated with your account(s).

3. ELIGIBILITY OF USE OF SERVICE

You must be eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater, to use the Service. By accessing or using the Service, you hereby affirm and warrant that you comply with these age requirements and can lawfully comply with these Terms. Anyone under the age of eighteen (18) or the age of majority in the applicable jurisdiction, whichever is greater, who accesses the Service in violation of these Terms will be banned from using the Service and may be the subject of additional action by ImComing. It is your responsibility to confirm that use of the Service is permissible under the applicable laws and regulations, and you agree to fully comply with such applicable laws and regulations, where you make use of the Service. If any applicable laws and regulations prohibit your use or intended use of the Service, you may not use the Service.

4. NO WARRANTY AND LIMITATION OF LIABILITY

IMCOMING PROVIDES THE SITE(S), THE APP(S) AND ANY OTHER SERVICE AND PRODUCT ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. IMCOMING AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (THE “IMCOMING PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. THE IMCOMING PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS, CURRENCY, OR NON-INFRINGEMENT OF THE SERVICE OR OF THE INFORMATION OR OTHER CONTENT CONTAINED IN OR ACCESSIBLE THROUGH THE SERVICE. THE IMCOMING PARTIES DO NOT WARRANT THAT THE FUNCTIONS OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE. UNDER NO CIRCUMSTANCES SHALL THE IMCOMING PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF ANY OF THE SERVICE AND DAMAGES RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT THE IMCOMING PARTIES HAVE BEEN ADVISED OF SUCH POSSIBILITY AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE SERVICE SHALL BE TO TERMINATE YOUR USE OF THE SERVICE. IN NO EVENT SHALL THE IMCOMING PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY YOU TO IMCOMING FOR USE OF THE SERVICE DURING ANY ONE MONTH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU UNDERSTAND THAT YOUR USE OF THE SERVICE MAY INVOLVE KNOWN, UNKNOWN AND/OR UNANTICIPATED RISKS THAT COULD RESULT IN INJURY OR ILLNESS, INCLUDING, BUT NOT LIMITED TO, DANGERS THAT MAY BE CAUSED BY THE ACTS OR INTENTIONS OF OTHER USERS OR OTHER THIRD PARTIES (INCLUDING WITHOUT LIMITATION, REGARDING ANY CONTENT OR MATERIALS (FOR EXAMPLE, INAPPROPRIATE OR EXPLICIT CONTENT OR MATERIALS) THAT YOU, ANOTHER USER OR A THIRD PARTY POSTS, SUBMITS, PUBLISHES, STORES, DISCLOSES, DISPLAYS, SENDS, TRANSMITS, DISSEMINATES, OR RECEIVES THROUGH THE SERVICE), OR OCCURRENCES BEYOND THE CONTROL OF THE IMCOMING PARTIES. BY USING THE SERVICE, YOU ASSUME ALL SUCH RISKS AND DANGERS AND ALL RESPONSIBILITY FOR ANY LOSSES AND/OR DAMAGES. YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS THE IMCOMING PARTIES FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, LOSS OF SERVICE OR OTHER CLAIMS THAT IN ANY WAY ARISE FROM OR ARE RELATED TO YOUR USE OF THE SERVICE. THE SERVICE IS INTENDED ONLY AS PERSONAL, GEOGRAPHIC LOCATION-BASED SERVICE FOR INDIVIDUAL USE. YOU ACKNOWLEDGE AND AGREE THAT IMCOMING HAS OFFERED THE SERVICE, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE FOREGOING WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND IMCOMING, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND IMCOMING. IMCOMING WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

5. CHANGES TO THE SERVICE

IMCOMING reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice and without liability to you. You agree that the IMCOMING Parties shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service (or any portion thereof).

6. OUR TECHNOLOGY AND CONTENT

IMCOMING or its licensors and suppliers own all rights, title and interest in the App(s) and the software and other technology used to provide the Service and all associated intellectual property rights (“Our Technology”), and Our Technology is protected by U.S. and international copyright and other intellectual property laws and treaties. Our Technology is licensed, not sold, to you for use only under the terms and conditions of these Terms. IMCOMING reserves all rights not expressly granted to you.

IMCOMING, the IMCOMING logo, IMCOMING product screen shots and the IMCOMING “C” App Icon design are trademarks or the subject of other intellectual property rights of IMCOMING, and may not be used without prior, express written permission from IMCOMING. All other trademarks not owned by IMCOMING that appear on the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IMCOMING. All content included on the Service, including all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags, compilations of the foregoing, and/or other materials accessible through the Service, including all associated intellectual property rights (“Our Content”), is the property of IMCOMING and/or its licensors, as applicable, and protected by United States and international intellectual property and other laws and treaties. Except as expressly permitted under these Terms, no reproduction, transmission, modification or display of any of Our Content is permitted without our prior, express written permission.

7. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is our policy to respond to notices of alleged copyright infringement in compliance with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. IMCOMING, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim attributable to the Service.If you believe any content on ImComing infringes the copyright in a work that you own, please submit a notification alleging such infringement (“DMCA Takedown Notice”) to ImComing Copyright Agent. The Takedown Notice must include the following:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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  2. 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.
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  3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material.
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  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
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  5. 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
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  6. A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Takedown Notices should be sent to ImComing Copyright Agent at admin@ImComingapp.com. If you wish to reach out to ImComing Copyright Agent via other methods, you can write to: ImComing Address below.

Attn: ImComing Copyright Agent Support Austin, TX 78748

8. FEES AND SUBSCRIPTIONS

While the Standard Service on the Service is free for use, additional data charges may apply to you for use of the Service through your device. Additional fees may also apply for use of the Pro Version or other aspects of the Service. If there is a charge associated with a portion of the Service, you agree to pay that charge by accessing or using it. The price stated for the Service may be denominated in your local currency by iTunes App Store at https://itunes.apple.com, Google Play Store at https://play.google.com/store/apps, by IMCOMING through a third party payment processing service (currently Stripe on the Android Platform; please see https://stripe.com/us/privacy), or any other applicable App Store through which you download the App(s) on your device. Fees and charges are collected by the App Store on your device. You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. Additionally, you are welcome to contact us by submitting a support request through the app by using contact us. You are solely responsible for paying such taxes or other charges. IMCOMING relies on the App Store to collect subscription fees and to report on the status of subscription accounts. Your access to the Service may be suspended or canceled if you do not make your payment on-time and/or in full. Suspension or cancellation of the Service for non-payment could result in a loss of access to and use of your account and its content. If you would like to buy the Pro Version of the Service, you do this with in-app subscriptions from the App Store on your device. You will be advised of the charge for the Pro Version of the Service before making payment and being billed. You must make all payments through a charge through the applicable App Store. You agree to pay all fees and charges incurred in connection with your use of the Service (including any applicable taxes) at the rates in effect when the charges were incurred. BETWEEN YOU AND IMCOMING, YOU, AND NOT IMCOMING, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR THE SERVICE BILLED TO YOUR DEVICE, PAYPAL, CREDIT OR DEBIT CARD BY AN APP STORE OR THIRD PARTY WHO HAD ACCESS TO THESE ACCOUNTS, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU. If you are an iOS user via Apple’s App Store, IMCOMING does not have the ability to manage any aspect of your subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions. Subscriptions are valid for at least thirty (30) days. Payment will be charged to your App Store account at confirmation of purchase. Your subscription automatically renews unless auto-renew is turned off at least twenty-four (24) hours before the end of the current period. Your account will be charged the then-applicable subscription price within twenty-four (24) hours prior to the end of the current period. Subscriptions may be managed, and auto-renewal may be turned off by going to the Account Settings screen in the App Store app on your device after purchase. No cancellation of the current subscription is allowed during the active subscription period. For step-by-step information on how to manage subscriptions, including information on canceling subscriptions please email admin@imcomingapp.com You should be aware that canceling your subscription and/or deleting the App(s) may not terminate your user account on the Service. If you cancel your subscription and/or delete the App(s) but do not take steps to deactivate your user account or take other appropriate steps, your profile may continue to be accessible to others on the Service.

9. FEEDBACK

By sending us any ideas, suggestions, comments, improvements, documents, proposals or other feedback, including without limitation, concerning the Service (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, fully sub-licensable and transferable, worldwide license to use, disclose, reproduce, modify, publish, distribute, transfer and otherwise utilize your Feedback in any manner and for any purpose.

10. EXTERNAL MATERIALS

The Service or users of the Service may provide links to other websites, computer or mobile device software applications, services or resources. You acknowledge and agree that the IMCOMING Parties do not endorse and are not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). External Materials are subject to different terms and conditions and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that the IMCOMING Parties shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials. Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on or through the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that the IMCOMING Parties shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.

11. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the ImComing services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt-out by either following the specific instructions included in such communications, or by emailing us with your request at admin@imcomingapp.com.

The App may allow access to or make available opportunities for you to view certain content and receive other products, services, and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth, and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth, or other location-determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services, and materials.

12. PROHIBITED USES

YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:

– Use, copy, print, modify, adapt, create derivative works from, market, deliver, rent, lease, sublicense, make, have made, assign, pledge, transfer, sell, offer to sell, import, reproduce, distribute, publicly perform, publicly display or otherwise grant rights to any of Our Technology, or any copy thereof, in whole or in part, except as expressly permitted under these Terms;

– Reverse engineer, disassemble, decompile, or translate any of Our Technology, or otherwise attempt to derive the source code, structural framework, or the data records of any of Our Technology, or authorize any third party to do any of the foregoing;

– Loan, resell, or distribute any of Our Technology, or any part thereof, in any way;

– Use the Service or any geographic location information displayed within the Service to stalk, harass, abuse, defame, threaten, or defraud users of the Service, or to collect, attempt to collect, or store geographic location or other personal information about other users;

– Include offensive or pornographic materials in your Service personal profile page;

– You will NOT include material on Your personal profile page or messages that contains video, audio, photographs, or images of any person under the age of eighteen (18) at all or any person over the age of eighteen (18) without his or her express permission. ****

– is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);

– encourages any illegal activity including, without limitation, terrorism, inciting racial hatred, or the submission of which in itself constitutes committing a criminal offense;

– is defamatory or libelous.

– relates to commercial activities (including, without limitation, sales, competitions, and advertising, links to other websites or premium line telephone numbers);

– involves the transmission of “junk” mail or “spam”;

-itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);

-shows another person which was created or distributed without that person’s consent;

-is harmful to minors; or impersonates any other person, including falsely stating your name.

– Use the Service for any commercial or non-private use, it being understood that the Service is for personal, non-commercial use only;

– Use the Service for any illegal purpose, or in violation of any local, state, national, or international law or regulatory requirement, including, without limitation, laws and regulatory requirements governing intellectual property and other proprietary rights, data protection and privacy, import or export control, and equal opportunity;

– Make unsolicited offers, advertisements or proposals, or send junk mail, to other users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the accounts of other users of the Service;

– Misrepresent the source, identity or content of information transmitted via the Service;

– Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on use of the Service;
Intentionally interfere with or damage operation of the Service or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

– Intentionally interfere with or damage operation of the Service or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;

– Post, submit, publish, store, disclose, display, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, unseemly, offensive (including without limitation, regarding race or ethnicity), distressing, vulgar, hateful, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;

– Post, submit, publish, store, disclose, display, send, transmit, or disseminate any unlawful, libelous, defamatory, threatening, harassing, intimidating, tormenting, embarrassing, scandalous, inflammatory, profane material or any other material including but not limited to any material that could give rise to any civil or criminal liability under any local, state, national, or international law or regulatory requirement;

– Post, submit, publish, store, disclose, display, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

– Use the Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;

– Attempt to gain unauthorized access to the Service, or any part of these, other accounts, computer systems or networks connected to the Service, or any part of these, through hacking, password mining or any other means, or to interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or

– Use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service or modify the Service in any manner or form, or use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.

13. USER CONTENT

The Service allows the submission of information, content and materials (such as pictures, reviews, ratings, questions, concepts, ideas, notes, creative suggestions, messages, and comments) by you and other users (“User Submissions”), and the hosting, disclosing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions (“Your Content”) and the consequences of posting or publishing them. In connection with Your Content, you affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize IMCOMING to use, all intellectual property and any other proprietary rights in and to any and all of Your Content to enable inclusion and use of Your Content in the manner contemplated by the Service and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of Your Content in the manner contemplated by the Service and these Terms. For clarity, you shall retain all of your ownership rights in Your Content. IMCOMING assumes no responsibility whatsoever in connection with or arising from User Submissions. IMCOMING assumes no responsibility for actively monitoring User Submissions for inappropriate or explicit content. If at any time IMCOMING chooses, in its sole discretion, to monitor User Submissions, IMCOMING nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate or explicit User Submissions, and no responsibility for the conduct of the user submitting User Submissions. Further, IMCOMING does not endorse and has no control over the content of User Submissions submitted by other users. IMCOMING makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions.

RESPONSIBILITY FOR YOUR CONTENT

You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable or provides others with information to locate you or determine places that you have visited, are visiting or are planning to visit. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by IMCOMING. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; 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; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these terms of service.

OUR RIGHT TO USE YOUR CONTENT

IMCOMING does not claim ownership of Your Content. However, you grant us a perpetual, worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, translate, adapt, publicly perform and publicly display Your Content in connection with your use of the Service, for any purpose permitted under our Privacy Policy and as necessary for posting, displaying, distributing and storing Your Content on the Service. You also grant the users of the Service the right to access Your Content in connection with their use of the Service. You understand that the technical processing and transmission of data associated with Your Content may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of servers, connecting networks or devices.

ADVERTISING

IMCOMING and its licensees may publicly display advertisements and other information adjacent to Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

OTHER

We reserve the right to remove, screen, edit, or reinstate User Submissions from time to time at our sole discretion and without notice to you. We have no obligation to retain or provide you with copies of Your Content, subject to our Privacy Policy regarding certain information about you, nor do we guarantee any confidentiality with respect to Your Content.

14. INDEMNIFICATION

All the actions you make and the information you post on ImComing remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents, harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
  1. any negligent acts, omissions, or willful misconduct by you;

  2. your access to and use of the App;

  3. the uploading or submission of Content to the App by you;

  4. any breach of these Terms by you; and/or

  5. your violation of any law or of any rights of any third party.

  6. your use or misuse of any geographic location information or the Service generally.

  7. any violation of the rights of any other person or entity by you.

We retain the exclusive right to settle, compromise, and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defense of any relevant claim.

The foregoing provision does not require you to indemnify ImComing for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.

15. INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other users using the Service and the IMCOMING Parties assume no liability for these interactions. IMCOMING does not conduct criminal or other background checks on its users but reserves the right to do so at any time. The IMCOMING Parties assume no liability for your interactions with other users and make no representations or warranties as to the conduct of users and/or the information they provide and/or the statements that they make. You agree to take reasonable precautions in your interactions with other users of the Service. The IMCOMING Parties are not responsible for monitoring any disputes between you and other users.

You will create a username and password as part of the registration process for the Service. You are responsible for maintaining the confidentiality of your password and account and all activities that occur in connection with these. You agree to immediately notify IMCOMING of any actual or suspected unauthorized use of your password or account or any other actual or suspected breach of security. You agree that all information that you provide to IMCOMING as part of the registration process, including, but not limited to, your name and email address, is truthful, accurate and complete.

16. GOVERNING LAW

These Terms and your relationship with IMCOMING under these Terms shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms.

17. BINDING ARBITRATION AND CLASS ACTION WAIVER

ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THESE TERMS (EACH, A “CLAIM”), SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at https://www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the County and State of Texas or the city in the United States in which you reside. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

Before submitting a Claim to arbitration pursuant to this Section 17, you must first submit the Claim to IMCOMING for informal resolution through the contact us form in the app and provide your name, current email address, mailing address and telephone number as well as the name, email address, and telephone number associated with your ImComing account (If different from your current information). You and IMCOMING agree to meet and confer, via teleconference or videoconference, to work in good faith to resolve the Claim within sixty (60) days. If you and IMCOMING are unable to resolve the Claim informally within sixty (60) days, then we each may submit the Claim to arbitration.

If you reject the last written settlement offer made by IMCOMING before the arbitrator was appointed and the arbitrator awards you an amount greater than this last written settlement offer, then IMCOMING will pay (i) the greater of the award or $500; (ii) your filing fees for the arbitration; and (iii) any fees, costs and expenses deemed appropriate by the arbitrator.

WE EACH AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN THE SUPREME COURT OF NEW YORK COUNTY. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.

What Are The Rules Of Arbitration? The Federal Arbitration Act (“FAA”) governs this Arbitration Agreement and applies to the interpretation and enforcement of this Arbitration Agreement. If the FAA is found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, that issue shall be determined by Texas law, notwithstanding choice-of-law principles, pursuant to Section 18 of the Terms. The applicable arbitration provider depends on where you live. If you live in California, the arbitration will be administered by ADR Services, Inc. under its most current arbitration rules and procedures, available at https://www.adrservices.com/services-2/arbitration-rules/. If you live outside of California, the arbitration will be administered by National Arbitration and Mediation under its most current Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms, or under its most current Supplemental Rules for Mass Arbitrations, as applicable, available at https://www.namadr.com/content/uploads/2021/12/SupplementalRules12.22.21.pdf. If the applicable arbitration provider is not available to arbitrate, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Arbitration Agreement, including those described in Section 17(Mass Filings), the parties will select an alternative arbitral forum. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Arbitration Agreement. This Arbitration Agreement will govern to the extent it conflicts with the arbitration provider’s rules.

The initiating party must pay all filing fees for the arbitration. Your and ImComing responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim.

You may qualify for a waiver of certain arbitration costs under the applicable arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, Texas state court, or the courts of your state of residence, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, ImComing will pay the filing fees for you.
What Can The Arbitrator Decide? The arbitrator has the exclusive authority to resolve any and all threshold arbitrability issues, including whether this Arbitration Agreement is applicable, enforceable, or unconscionable. Courts, however, shall have the exclusive authority to determine (i) whether any provision of this Arbitration Agreement should be severed and the consequences of said severance, (ii) enforceability of any or all of the mass arbitration procedures set forth in Section 17, (iii) whether you have complied with conditions precedent to arbitration, and (iv) whether an arbitration provider is available to hear the arbitration(s) under Section 17. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available in an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator will 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 that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Pursuant to and in conformance with Section 17 of the Terms, any original action to compel arbitration under Section 4 of the FAA (or analogous state law) must be brought in a State or Federal Court located in Travis County, Texas
No Jury Trials. By agreeing to arbitration, YOU AND IMCOMING ARE EACH AGREEING TO WAIVE THEIR RIGHTS TO A JURY TRIAL. Instead, you and ImComing are electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described in Section 17 above. An arbitrator can award 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.
One At A Time. All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU AND IMCOMING GIVE UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING. However, this shall not preclude the use of bellwether arbitrations, global mediation, or batch arbitrations as described in Section 17 below, nor preclude the application of the arbitration provider’s fee schedules for mass arbitrations, as applicable. Only relief that would be permitted in an individual lawsuit is available and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user, except as provided in Section 17 below, nor shall this preclude application of the arbitration provider’s fee schedules for mass arbitrations, as applicable.The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as provided in Section 17 below, nor shall this preclude the application of the arbitration provider’s fee schedules for mass arbitrations, as applicable.

For mass arbitrations before ADR Services, Inc., you and ImComing agree that its mass arbitration fee schedule shall apply, available at https://www.adrservices.com/wp-content/uploads/2022/10/ADR-Mass-Consumer-Non-Employment-Fee-Schedule-Eff-11-5-21.pdf. For mass arbitrations before National Arbitration and Mediation, you and ImComing agree that its mass arbitration fee schedule shall apply, available at https://www.namadr.com/content/uploads/2023/07/Consumer-Fees-as-of-7.1.2023-updated-as-of-7.1.2023.pdf. For mass arbitrations before any other arbitration provider, you agree that its mass arbitration fee schedule shall apply. If the arbitrator does not have a fee schedule for mass filings, then the claims must proceed in court.

If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in Travis County, Texas. All other claims shall be arbitrated. This subsection does not prevent you or ImComing from participating in a class-wide settlement of claims.

Mass Filings. If, at any time, 30 or more similar demands for arbitration are asserted against ImComing or related parties by the same or coordinated counsel or entities, or if ImComing asserts 30 or more similar demands for arbitration or counterclaims against similarly situated parties, within 60 days or otherwise close in proximity (“Mass Filing”), the additional protocols set forth below shall apply:

  • Acknowledgment of Filing protocols. If you or ImComing , or your or our counsel, files a demand for arbitration that fits within the definition of Mass Filing referred to above, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Mass Filings subsection. If the parties disagree as to whether a series of filings fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration and pending resolution of the bellwether proceedings.
  • Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration in a Mass Filing, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither You nor ImComing will be required to pay any such filing fees. You and ImComing also agree that neither you nor we shall be deemed to be in breach of this Arbitration Agreement for failure to pay any such filing fees and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.
  • Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims comprising the Mass Filing (“Global Mediation”), deferring any filing costs associated with the non-initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the Parties may choose to opt out of the arbitration process and proceed in court with the remaining claims. Notice of the opt-out shall be provided in writing within 60 days of the close of the Global Mediation. Absent notice of an opt-out, the arbitrations may then be filed and administered by the arbitration provider according to this Agreement’s Batch Arbitration provision below and the arbitrator’s fee schedule for mass filings as described in Subsection 13(7) above, unless the parties mutually agree otherwise in writing. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the global mediation process.
  • Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and ImComing agree that in the event a Mass Filing is not resolved by the Bellwether Arbitration and Global Mediation processes described above, the arbitration provider will (1) administer the remaining arbitration demands in batches of 100 demands per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). If the arbitration provider will not administer the Batch Arbitration with one set of filing and administrative fees due per side per batch, then the arbitration provider’s mass arbitration fee schedule shall apply.
  • Enforcement of Subsection. A Court of competent jurisdiction located in a venue allowed under Section 17 of the Terms and Conditions shall have the power to enforce this subsection.
Offer of Judgment. At least 14 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
Severability. Except as provided in subsection 17, 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. If a court decides that any of the provisions in the Arbitration Agreement above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Arbitration Agreement shall be arbitrated under its terms.
Survival of Agreement. The terms of this Arbitration Agreement will continue, even after your relationship with ImComing has ended.

Notwithstanding anything to the contrary, you and IMCOMING may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.

18. GOVERNING LAW AND FORUM.

Subject to Section 17, your access to the App, Our Content, and any Member Content, any claims arising from or related to your relationship with ImComing, and these Terms are governed and interpreted by the laws of the State of Texas. All claims arising out of or relating to these Terms and/or your relationship with the ImComing that for whatever reason are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be litigated exclusively in the federal or state courts of Travis County, Texas. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us.

19. INFORMATION OR COMPLAINTS

We encourage you to submit a question or complaint regarding the Service, including without limitation, regarding any content, by submitting an email support request admin@ImComingapp.com California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or as otherwise set forth at https://www.dca.ca.gov/about_us/contactus.shtml (or a successful URL).

20. MISCELLANEOUS

If any provision of these Terms is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of these Terms. Such provision shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of these Terms.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. You may not assign any of your rights or obligations under these Terms to another party without the express written consent of IMCOMING.
The parties acknowledge that these Terms are concluded between you and IMCOMING only, and not with Apple or the owner or operator of any other applicable App Store through which you may have downloaded the App(s) (the “App Store Owner”), and the App Store Owner is not responsible for the App(s) and the contents thereof. The App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App(s). IMCOMING, not the App Store Owner, is responsible for addressing any claims from you or any third party relating to the App(s) or your possession and/or use of the App(s), including, but not limited to, product liability claims, any claim that the App(s)s fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection or similar legislation. The App Store Owner and its subsidiaries are third party beneficiaries of these Terms, and shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
The communications between you and us use electronic means, whether you use the Service or send emails to us, or whether we post notices on the Service or communicate with you via email. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
These Terms constitute the complete and exclusive statement of the agreement between IMCOMING and you with respect to the subject matter hereof and supersede any proposal or prior or contemporaneous agreement, oral or written, and any other communications between the parties in relation to the subject matter of these Terms.
You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.
ImComing has taken reasonable steps to ensure the currency, availability, correctness, and completeness of the information contained on ImComing and provides that information on an “as is”, and “as available” basis.
ImComing does not give or make any warranty or representation of any kind about the information contained on ImComing, whether express or implied. Use of ImComing and the materials available on it is at your sole risk. ImComing is not responsible for any loss arising from the transmission, use of data, or inaccurate Member Content.
ImComing may make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (a “Change”). You should regularly check this page for notice of any Changes – we want our users to be as informed as possible. Your continued use of the ImComing following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using ImComing immediately
YOU AND IMCOMING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
11/05/23
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