Tranquility Technology LLC
END USER LICENSE AGREEMENT
READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THIS SITE
AND THE ShittyCustomers.com SOFTWARE (THE "SYSTEM"). THE
SYSTEM IS COPYRIGHTED. BY USING THIS SYSTEM, YOU ARE ACCEPTING AND
AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. THIS LICENSE
AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM
BETWEEN YOU AND Tranquility Technology LLC ("LICENSOR"), AND IT
SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING
BETWEEN THE PARTIES.
A. Right to Use.
Tranquility Technology LLC grants to you, and you accept, a
non-exclusive, non-transferable, revocable license to use the System
pursuant to this end-user license agreement ("EULA") Any
license or fees paid by you are paid in consideration of the licenses
granted under this License Agreement. You will use the System only
as contemplated in this agreement. All right, title and interest in and
to the System shall remain the sole and exclusive property of
Tranquility Technology LLC.
B. License Restrictions.
You shall have no right to copy or otherwise reproduce
the System, or any part thereof, or use it other than as provided
herein. You shall not sublicense, lease, or distribute the System,
or any part thereof, including any related documentation and support
materials, to any third party or provide to any third party a service
using the System (provided that you may use the System to provide
data to your customers in the ordinary course of your business). You
shall not provide access to the System or your login and password to
any other entity, person or company. You shall not reverse-engineer,
disassemble or decompile the System. You shall have no further
rights to use the System upon the termination or expiration of this
EULA. Use of the System by you in a manner which violates any
provision of this EULA is not permitted and strictly prohibited.
Such uses may include, but are not limited to the (1) release or
other misuse of the proprietary information of Multiverse Technology
LLC, (2) use of the System by, or for the benefit of, any individual
who is not an authorized user, and who would otherwise have no right
to access, either directly or indirectly, the System, (3) use of any
System module by, or for the benefit of, any user who is not
authorized to use such module, (4) publishing of material, text or
photos deemed inappropriate or offensive by Tranquility Technology LLC and
(5) use of all or any part of the System for other than the intended
C. Suspension or Termination.
You hereby acknowledge and agree that
Tranquility Technology LLC shall have absolutely no liability if
Tranquility Technology LLC at any time ceases to provide services or
access to the System to you. You covenant that you shall not make
any claims, sue or otherwise take any legal action against
Tranquility Technology LLC relating to the System or services provided by
Tranquility Technology LLC to you. You further agree that
Tranquility Technology LLC shall have the right to suspend or terminate
your use of the System upon your violation of any term or condition
contained herein. You agree to waive, indemnify and hold
Tranquility Technology LLC harmless from any claims based upon such
termination or suspension.
The System provided hereunder is and shall remain the proprietary
property of Tranquility Technology LLC. You agree to treat the System
and related documentation and support materials as the confidential
and sole proprietary property of Tranquility Technology LLC and shall
acquire no rights in them except as set forth herein. You agree not
to disclose, provide, transfer, or otherwise make available the
System and related documentation and support materials, or any
portion thereof, to any person without the express prior written
approval of Tranquility Technology LLC. You acknowledge and agree that
the following materials are trade secrets of Tranquility Technology LLC
Technology: (i) all drafts representing or containing a design of the
System or any element thereof; (ii) the System; (iii) System
materials or documentation; (iv) all training materials; and (v) all
other Tranquility Technology LLC information disclosed or available to
you which is marked confidential or which the you know, or have
reason to believe, is confidential information or materials belonging
to Tranquility Technology LLC and which is not otherwise in the public
domain. You agree to use reasonable efforts (such efforts not less
in any case than those you uses to protect your own confidential
information) not to disclose such information to any third parties.
You shall not provide your login and password to any other person,
entity, company or third party.
The term for services shall continue until the earlier of such time as you
provide Tranquility Technology LLC with notice that you wish to discontinue
the services, the Services are terminated and/or canceled by
Tranquility Technology LLC or Tranquility Technology LLC ceases to offer the
services. For termination of accounts, notice must be received by
Tranquility Technology LLC at least fifteen calendar days prior to the
billing date in order to avoid charges for the subsequent period.
Upon expiration or termination, you shall have no further rights to
use the System. You agree to hold Tranquility Technology LLC,
its licensor and its and their officers, directors, employees,
representatives and agents harmless from any and all claims arising
from termination of this Agreement and/or your use of the System,
Tranquility Technology LLC will bill your credit card for all charges and
services provided using a third party payment processing company.
Recurring charges are billed in advance of service. You acknowledge
that the use of a third party payment processing company may require
that you send credit card and related information to that third party
over the Internet to complete the Tranquility Technology LLC subscription
process. You also acknowledge that through the use of a third party
payment processor, Tranquility Technology LLC does not at any time have access
to or database your credit card or related credit information. In the event
legal action is necessary to collect on balances due, you agree to
reimburse Tranquility Technology LLC for all expenses incurred to recover
sums due, including attorneys fees and other legal expenses.
You shall at all times provide your own Internet access, Internet service
provider(s), computer equipment, Web Browsers, software, telephone
equipment, telephone lines, communications, connections and modems
necessary to access the Internet, the World Wide Web, and the System.
You shall also be responsible for compliance with all local laws,
ordinances, regulations, taxes and licensing requirements.
You acknowledge and agree (1) that data shall be entered into the
System by you and (2) that data entered, or required to be entered,
into the system by you is the sole responsibility of you, who are
solely and entirely responsible for errors and omissions in said
data. You also acknowledge and agree that by entering data into the system
you are providing Tranquility Technology LLC the
license and right to use such data for other purposes
deemed appropriate by Tranquility Technology LLC.
7. Accuracy of Information.
Tranquility Technology LLC makes absolutely no warranties
or representations as to the accuracy of the data contained in this
System. Tranquility Technology LLC assumes no liability or
responsibility for any errors or omissions in the content on the
site. Tranquility Technology LLC does not monitor, edit or create the
contents of ads placed on this site, so you should independently
verify any information that is important to you. Your uses of this
System is at your own risk.
8. Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT THE SYSTEM AND ANY
SERVICES ARE PROVIDED HEREUNDER "AS IS" AND
Tranquility Technology LLC MAKES ABSOLUTELY NO REPRESENTATIONS OR
WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT (WHICH ARE HEREBY DISCLAIMED), REGARDING THE SYSTEM
OR ANY PART THEREOF. IN ABSOLUTELY NO EVENT SHALL Tranquility Technology LLC
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTAL,
EXEMPLARY OR PUNITIVE DAMAGES OR DAMAGES FROM LOSS OF USE, DATA OR
PROFITS, WHETHER OR NOT SUCH DAMAGES ARE OR SHOULD HAVE BEEN KNOWN TO
Tranquility Technology LLC. Tranquility Technology LLC ASSUMES ABSOLUTELY NO
RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO OR VIRUSES
THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT
OF YOUR ACCESS TO, USE OF OR BROWSING IN THE SITE OR YOUR DOWNLOADING
OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.
9. Force Majeure.
Tranquility Technology LLC shall not be responsible for damages or for delays
or failures to provide the service resulting from acts or occurrences
beyond the reasonable control of Tranquility Technology LLC, including, without
limitation: fire, lightning, explosion, power surge or failure, water
and flooding, acts of God, war, revolution, civil commotion or acts
of civil or military authorities or public enemies, any law, order,
regulation, ordinance, or requirement of any government or legal body
or any representative of any such government or legal body; or labor
unrest, including without limitation, strikes, slowdowns, picketing,
or boycotts the inability to secure raw materials, transportation
facilities, fuel or energy shortages, or acts or omissions of other
Tranquility Technology LLC MAY AT ANY TIME REVISE THESE TERMS AND
CONDITIONS BY UPDATING THIS POSTING. YOU SHALL BE BOUND BY ANY SUCH
REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW
THE THEN CURRENT TERMS AND CONDITIONS TO WHICH YOU ARE BOUND. THE
DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SYSTEM COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. Tranquility Technology LLC
AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE SYSTEM AT ANY TIME.
11. Privacy on the System.
Tranquility Technology LLC may from time to time monitor or
review discussions, chats, postings, transmissions, bulletin boards
and the like on the site. Notwithstanding the foregoing,
Tranquility Technology LLC is not under any obligation to do so and
assumes absolutely no responsibility or liability arising from the
content of any such locations nor for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography, profanity,
danger or inaccuracy contained in any information within such
locations on the site. Any communication or material you transmit to
the site by electronic mail or otherwise, including any data,
questions, comments, suggestions or the like is and shall be treated
as non-confidential and non-proprietary. Anything you transmit or
post may be used by Tranquility Technology LLC and its and their
affiliates for any purpose, including but not limited to
reproduction, disclosure, transmission, publication, broadcast and
posting. Tranquility Technology LLC shall have the irrevocable right to
use any ideas, concepts, know-how or techniques contained in any
communication you send to the site for any purpose whatsoever,
including, but not limited to, developing, manufacturing and
marketing products and services using such information.
Tranquility Technology LLC has not and does not review any of the sites linked to this site
and is not responsible for the contents of any off-site pages or any
other sites linked to this site. Your link to any other off-site
pages or other sites is at your own risk. Any linked sites are not
under the control of Tranquility Technology LLC and Tranquility Technology LLC
is not responsible for the contents of any linked site or any
link contained in a linked site, or any changes or updates to such
sites. Tranquility Technology LLC does not endorse, recommend or in any
way take responsibility for the products, services, contents and
information found on any linked sites and will not be liable for any
direct, incidental, consequential, indirect or punitive damages
arising out of your access to or use of linked sites.
This Agreement, which shall be construed according to the laws of the
State of Nevada, constitutes the entire Agreement between the
parties hereto regarding the subject matter hereof. The venue for
any dispute between the parties hereto shall be in the State of
Nevada. If any provision of this Agreement is held invalid by a
court of competent jurisdiction, such invalidity shall not affect the
remaining provisions. No actual waiver of a breach by either party
of any part of this Agreement shall be construed to be a waiver of
any succeeding breach of the same or any other part. This Agreement
shall be binding upon and shall insure to the benefit of the
successors and assigns of the parties hereto but nothing herein shall
be deemed to permit assignment by either party.