Last Updated: August 9, 2017
The terms “Kemet Technology” or “Provider” or “us” or “we” refer to the owner or publisher of the Application, Kemet Technology, LLC, whose business office is 411 Dovetail Circle, Summerville, SC 29483. The term “you” or “user” refers to the user or viewer of our Application.
- Two Way is a networking mobile application that translates language for users. The Application has the ability to translate Arabic, English, French, Portuguese, and Spanish.
- The content of the Application is subject to change without notice.
- Your use of any information or materials on the Application is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this Application meet your specific requirements.
- This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. The license granted to you to use this Application is a limited, non- exclusive, non-transferable, non-sublicensable license for use on any mobile device that you own or control.
- You shall use the Application in accordance with these Terms and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive source code of, or decrypt the Application; (b) rent, lease, distribute, or sublicense the Application; (c) use the Application for commercial purposes; or (d) distribute or make the Application available over a network where it could be used by multiple mobile devices at the same time.
- The trademarks, logos, and service marks (“Marks”) displayed on the Application are the property of Provider and other parties. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or websites on the World Wide Web or other mobile applications without the written permission of Provider or such third party which may own the Marks. All information and content located on the Application is protected by copyright. One or more patents owned by Kemet Technology LLC may apply to the Application and services and/or features provided via the Application, and other patents are pending (Patent Pending No. 62520587). Any attempt to copy portions of the Application and services and/or features provided via the Application will be a violation of these patent rights and copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available on or through the Application for commercial or public purposes. Unauthorized use of the Application may give rise to a claim for damages and/or be a criminal offense.
- By uploading personal contact information, you warrant that it is your true and correct personal contact information and that such information will not violate the rights of any third party. You are solely responsible for complying with any local, state, or federal law. Provider is not responsible for ensuring users provide correct information. You agree to indemnify and hold Provider harmless from and against any claims, loss, liability, demand, suit, damage, or expense made against us.
- You acknowledge and agree that by uploading personal contact information, you are sharing your personal contact information with other users and third parties, of which Provides has no control. You understand that your personal contact information may be shared to third parties by other users of the Application. Provider is not responsible for the actions of other users of the Application. You agree to indemnify and hold Provider harmless from and against any claims, loss, liability, demand, suit, damage, or expense made against us.
- You are solely responsible for the content you publish on or through the Application or transmit to other users via the Application (collectively, “User Content”). By publishing or transmitting User Content on the Application, you agree that the User Content is free from viruses. Provider assumes no liability for User Content uploaded by users. Kemet Technology does not review User Content published or transmitted by users, and is not in any manner responsible for these communications and materials. Kemet Technology does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications published or transmitted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material published by or information received from other users will be at your own risk. You acknowledge that by providing you with the ability to view and distribute User Content on the Application, Kemet Technology is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content or activities on the Application. However, Kemet Technology expressly reserves the right to review and manage all User Content published and transmitted on the Application.
- As a user agreeing to use the translation services via the Application, you acknowledge that inaccuracies or errors can occur during the translation process. Provider takes all reasonable precautions to eliminate any inaccuracies or errors, but certain inherent risks are unavoidable and outside of Provider’s control. You agree to release and hold harmless Provider, its affiliates and any of their respective owners, members, officers, directors, employees, volunteers or agents from liability and responsibility, with respect to any and all loss or damage to person or property that may occur as a result of any inaccuracies or errors in translation services via the Application.
- If you choose to correspond with any users found on or through the Application, you acknowledge and agree that Kemet Technology is not a party to, and will not be responsible for, your interaction with such user. The terms of your interaction with any user are solely between you and such user. You agree that Kemet Technology will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction on the Application.
- Provider is unable to control users and is not responsible for any acts or omissions committed by users. Any disputes arising between you and other users related to the use of the Application are the sole responsibility of the users. Kemet Technology has no obligation to monitor disputes between you and other users.
- Provider makes arrangements with various service providers and other independent parties (“Third Party Suppliers”) to provide you with the Application and the translation services. Third Party Suppliers may engage the services of local operators and/or subcontractors at their discretion. Provider does take reasonable care in selecting Third Party Suppliers; however, Provider is unable to control Third Party Suppliers and is not responsible for any acts or omissions committed by Third Party Suppliers. Provider does not maintain control or operate the personnel, equipment, or operations of these Third Party Suppliers and as such Provider assumes no responsibility for and cannot be held liable for any property damage or other loss, accident, delay, inconvenience, or irregularity which may be occasioned by reason of: (1) any wrongful, negligent, willful or unauthorized acts or omissions on the part of any of the Third Party Suppliers or their employees or agents, (2) any defect in or failure of any equipment or instrument owned, operated or otherwise used by any of these Third Party Suppliers, or (3) any wrongful, willful or negligent act or omission on the part of any other party not under the supervision and control of Provider. PROVIDER IS NOT LIABLE FOR THE ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, OF THIRD PARTY SUPPLIERS OR ANY INDEPENDENT CONTRACTORS.
- You will not act in a vulgar, disrespectful, or illegal way while using the Application or interacting with any users or third parties known to you as a result of using the Application. Provider reserves the right to refuse service, terminate your account, remove all User Content, and report your actions to the appropriate authority.
- You agree that the use of the Application is entirely at your own risk, and you waive any claims and actions against Kemet Technology and any and all persons and entities responsible for the existence and provision of this Application. This includes, but is not limited to, any and all equitable claims and any and all claims for: actual damages; statutory damages; punitive damages; liquidated damages; special damages; nominal damages; costs; fees; attorneys’ fees; and reimbursements.
- You have the burden of determining whether any personal contact information, images, photos, graphics, videos, blogs, or other materials are protected and owned by a third party. Kemet Technology reserves the right to delete any User Content we believe to be protected. Kemet Technology has the authority to investigate any suspicious User Content, including but not limited to, inquiry to the owner or authority responsible for the material, contacting the agency responsible for handling the material, etc.
- By using this Application, you expressly consent to Provider’s use of any personal contact information uploaded by you to the Application. You hereby grant Provider a perpetual, royalty-free, worldwide, irrevocable license to use any personal contact information uploaded by you to the Application for marketing, promotions, and promotional material. You can opt out by changing your settings within the Application.
- This Application provides links to other Applications by allowing you to leave this Application to access third-party material or by bringing third-party material into this Application via “inverse” hyperlinks and framing technology (a “Linked Application”). Provider has no discretion to alter, update, or control the content on a Linked Application. The fact that Provider has provided a link to an Application is not an endorsement, authorization, sponsorship, or affiliation with respect to such Application, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Provider urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Application.
- IT IS YOUR RESPONSIBILITY TO EVALUATE AND VERIFY THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY TRANSLATION OR OTHER CONTENT AVAILABLE THROUGH THE APPLICATION. Provider does not endorse and is not responsible for: (a) the accuracy or reliability of an opinion, advice, or statement made through the Application by any party other than Provider; (b) any content provided on Linked Applications; or (c) the capabilities or reliability of any product or service obtained from a Linked Application. Other than as required under applicable consumer protection law, under no circumstance will Provider be liable for any loss or damage caused by your reliance on information obtained through the Application or a Linked Application, or your reliance on any product or service obtained from a Linked Application. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
- ALL CONTENT, PRODUCTS, AND SERVICES ON THE APPLICATION, OR OBTAINED FROM AN APPLICATION TO WHICH THE APPLICATION IS LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. PROVIDER DOES NOT WARRANT THAT THIS APPLICATION, ITS SERVERS, OR E-MAIL SENT FROM THIS APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROVIDER IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS APPLICATION, INCLUDING BUT
NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. HOWEVER, IN NO EVENT SHALL PROVIDER BE LIABLE FOR DAMAGES OR LOSSES EXCEEDING THE AMOUNT, IF ANY, PAID BY THE USER FOR THE USE OF THE APPLICATION OR $100.00, WHICHEVER IS LESS.
- The information, software, products, and descriptions of services published on the Application or a Linked Application may include inaccuracies or typographical errors, and Provider specifically disclaims any liability for such inaccuracies or errors. Provider does not warrant or represent that the content on the Application is complete or up-to-date. Provider is under no obligation to update the content on the Application. Provider may change the content of the Application at any time without notice. Provider may make improvements or changes to the Application at any time.
- You agree that Provider, its affiliates and any of their respective owners, members, officers, directors, employees, or agents, and anyone involved in creating or providing the Application, will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service, or lost opportunity) arising out of or in connection with the delay or inability to use the Application or a Linked Application, or for the use of any personal contact information provided by you, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your wireless carrier or internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems, any force majeure, or any intellectual property infringement or similar claims. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Application.
- It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password and telephone number. You agree to immediately notify Provider of any unauthorized uses of your user name and password and telephone number or any other breaches of security. Provider will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
- Your use of the Application and any dispute arising out of such use of the Application is subject to the laws of the State of South Carolina, United States of America and applicable federal law without regard to conflicts of laws principles. By using this Application, you agree that the location and jurisdiction for any dispute arising between you and the Provider shall be proper only in any Federal or State court located only in Summerville County, South Carolina.