Terms of Service

Effective Date: June 30, 2023
Last Updated: October 22, 2024

1. INTRODUCTION

Welcome to Throw™![Our mission is to build a community where any question can find the perfectanswer. We are a safe, comfortable, and anonymous place to ask and answerquestions.]  This Terms of Serviceapplies to your access to and use of the Throw App Platform (the “Service”)provided by Throw App Co., a Delaware corporation (collectively, “Company” or“THROW APP”). The Terms of Service will provide you with the basic rules forusing our Service and you agree to be bound by these terms as stated below.

2. ACCEPTANCE OFAGREEMENT

THIS IS A BINDING AGREEMENT BETWEEN YOU AND THROW APP CO., A DELAWARE CORPORATION, WITH AN ADDRESS AT 3500 SOUTH DUPONT HIGHWAY DOVER, DELAWARE 19901, (“THROW APP”). BY CLICKING ON THE “ACCEPT” BUTTON, YOU AGREE TO BECOME A PARTY TO AND TO ABIDE BY THESE TERMS OF SERVICE (“TERMS”).  IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT CLICK ON “ACCEPT” AND DO NOT ACCESS OR OTHERWISE USE THE THROW APP INTERNET PLATFORM, INCLUDING OUR WEB PAGES AND MOBILE DEVICE APPS. SELECTING “ACCEPT” WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS IN ORDER TO BE ABLE TO INSTALL AND USE THE SOFTWARE (DEFINED BELOW) AND ACCESS AND USETHE THROW APP PLATFORM.

This agreement is entered into as of the date that you accept these Terms ("EffectiveDate").

THROW APP reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes through the Service or by updating   the “Last Updated”date at the beginning of these Terms.  By continuing to access or use theService after receiving notice of the changes, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when your access or use of theService and when you collect and use Tokens and redeem and use Rewards. If you do not agree to the revised Terms, you may no longer access or use the Service.

3. PRIVACY POLICY ‍

Please review ourPrivacy Policy located at https://www.trythrow.com/privacy-policy and incorporated into this Agreement by reference. By using the Software or theService, you are consenting to the collection, use, and sharing of yourPersonal Data as set out in our Privacy Policy.

4. DEFINITIONS

• “Answer” means an answer to a Throw provided by a User through the Service. 

• “Catcher” means a User who provides an Answer in response to a Throw.

• “Fees” means, amounts payable for certain aspects of the Service. The applicable Fees for desired transactions will be set forth on and disclosed through the Service.

• “Intellectual Property Rights” means copyright, trademark, trade secret and all other intellectual and proprietary rights. 

• “Boost” means using the Service to promote or highlight Answers.

• "Premium Fees” means amounts payable for Premium Memberships

• “Premium Membership” means our monthly or annual subscription service that allows you to access additional features not included in a free account.

• “Profile” means a User’s account information and profile within the Service, including the Personal Information provided at the time of account initiation, statistical information associated with your usage of the Service, and information about you obtained from third party services or inferred about you.

• “Reward Credits” means the credits a User receives following participation in certain activities on the platform, including taking a survey or watching a rewarded ad.

  “Service Credits” means prepaid Fees in your account purchased through the Software and processed by the applicable app store or payment processor or credits provided by THROW APP as gift to users.     Service Credits may be used to obtain services or access to specific content inside the platform.

• “Score” means a Service score of a User, calculated by the Service, based on the User’s behavior, engagement and precision on the Service.

• “Software” means THROW APP’S mobile device apps used for accessing the Service.

• “Throw” means a solicitation for answers sent by a Thrower using the Service.

• “Thrower” means a User who initiates a Throw using the Service.

• “User” means a user of the Service who accepts these Terms and establishes an account to use the Service.
  

  “User Content” means any communications, images, sounds, and all the material, data, and information that is uploaded or transmitted through the Software, your account, or the Service, including but not limited to any Throws, Answers, IP addresses, account information and your personal information.
  

5. NOT MEDICAL ADVICE  

THROW APP and the Service, including User Content, are for informational purposes only. THROW APP is not a licensed medical care provider and THROW APP does not vet, evaluate, or guarantee any of the Catchers providing Answers to your Throws are licensed medical care providers or otherwise qualified to provide Answers to your Throws. The Service and User Content are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical or mental condition. Never disregard professional medical advice or delay in seeking medical advice or treatment because of something you have read on the Service. If you think you may have a medical emergency, call your doctor or 911 immediately. THROW APP does not recommend or endorse any specific treatment, tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service. Reliance on any information provided by or through THROW APP, THROW APP employees, Catchers providing Answers, or other Users of the Service is solely at your own risk. We disclaim any liability for any errors or omissions, or for any inaccuracies in Answers or any other provided materials, as well as any violation of any ethical or moral standards applicable in your community to any medical or mental advice. Nothing in this agreement excludes or limits in anyway our liability to you where it would be unlawful to do so.

6. SERVICE LICENSE  

Subject to all of the terms and conditions herein, THROW APP grants you a non-exclusive, non-transferable, revocable limited license to access and use the Service using a web browser or the Software solely for your own personal purposes. You agree not to use the Service for any other purpose.  You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Service, including but not limited to payment of all third party fees associated therewith.  The term of your license shall commence on the Effective Date and shall end upon your or THROW APP’S termination of this agreement. The Service will not be available for use by you once these Terms are terminated.

7. SOFTWARE LICENSE
‍
Subject to all of the terms and conditions herein, THROW APP hereby grants you a limited, non-transferable, revocable, terminable, non-exclusive license, without the right to sublicense, to install and use the Software solely to access and use the Service and solely for your own personal purposes.  The term of your license shall commence on the Effective Date and shall end upon your or THROW APP’S termination of this agreement. The Software will not be available for use by you once theseTerms are terminated.

8. PERMITTED INSTALLATION

You may download and install the Software on your mobile devices only. You are entirely responsible for maintaining the confidentiality of your login credentials to use the Software. You may not use the login credentials of someone else at anytime nor provide your login credentials to any other person. You agree to notify us immediately on any unauthorized use of your login credentials.

9. RESTRICTIONS

The Software andService are copyrighted by THROW APP. You acknowledge that the Software andService (and their respective structures, organization, and source code)constitute valuable trade secrets of THROW APP.  Accordingly, you must not: (a) copy, modify, adapt, alter, translate, port or create derivative works of the Software, Service or other THROW APP materials; (b) permit third parties to use the Software or Service using your login credentials; (c) sublicense, distribute, sell, use for service bureau use, lease, rent, loan, or otherwise transfer the Software or Service; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for or any other proprietary information or trade secrets from the Software or Service; (e) remove, alter, or obscure any proprietary notices (including, without limitation, any copyright and trademark notices) of THROW APP or its licensors and suppliers from the Software or Service; (f) disseminate performance-related information relating to the Software or Service; or (g) otherwise use, reproduce, display or copy the Software or Service.  You shall be exclusively responsible for the supervision, management, and control of your use of the Software.

10. ACCEPTABLE USE POLICY

You will only use the Service and Software in accordance with THROW APP’S published guidelines and policies. You agree that you will not, under any circumstances, do any of the following:  (a) use, design, or assist in the design of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Software experience; (b) disrupt, overburden, or aid or assist in the disruption or over burdening of any computer or server used to offer or support the Service or the enjoyment of the Service by any other person; (c) institute, assist, or become involved in any type of attack, including but not limited to distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of theService;  (d) attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, servers, or networks connected to theService by any means other than the user interface provided by THROW APP, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service; (e) engage in any act that THROW APP deems to be in conflict with the spirit or intent of the Service, including, but not limited to, circumventing or manipulating these Terms, our application rules, application mechanics or policies; (f) use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation; (g)post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive; (h) post any information that contains nudity, violence, or offensive subject matter or that contains a link to such content; (i) attempt to, or harass, bully, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including THROW APP employees; (j) make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including but not limited to a THROW APP employee; (k) solicit or attempt to solicit personal information from other Users; (l) collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; (m) create an account or access the Service if you are under the age of 18; (n) fail to monitor your account to restrict use by minors or fail to deny access to children under the age of 18; (o) You accept full responsibility for any unauthorized use of the Service by minors in connection with your account. You are responsible for any Fees that become due for any unauthorized use of the Service by minors in connection with your account and such amounts shall be immediately deducted from your ServiceCredit balance; (p) use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list ofSpecially Designated Nationals.

11. DISPUTE POLICY

If you feel that any of the Throws or Answers on the Service are abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive, then you are encouraged to report such information to support@throwapp.com.  Throwers and Catchers shall be permitted to report offensive Answers or Throws.  THROW APP will not mediate any disputes regarding any alleged abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive content and will send the allegedly offensive Answers and Throws to a random sampling of Users who will determine by vote whether the content is offensive.  YOU AGREE TO COMPLY WITH THE DETERMINATION OF THE USERS AS IT AFFECTS ANY CONTENT WHICH YOU POST ON THE SERVICE AND ACKNOWLEDGE THAT THROW APP IS NOT RESPONSIBLE FOR ANY SUCH DETERMINATION.  YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONAL ON YOUR AGREEMENT TO THIS DISPUTE PROCEDURE.

12. OWNERSHIP; RESERVATION OF RIGHTS

You agree that THROW APP shall own and retain all right, title, and interest to the Software and to the Service, to enhancements, improvements, and derivatives, and to all Intellectual Property Rights related thereto.  Except as expressly licensed to you herein, THROW APP on its behalf and on behalf of its licensors reserves all right, title and interest in the Software, the Service and all associated copyrights, trademarks, and other Intellectual Property Rights therein. These licenses are limited to the Intellectual Property Rights of THROW APP and its licensors in the Software and the Service and does not include any rights to other patents or Intellectual Property Rights.  Notwithstanding anything to the contrary herein, all rights not specifically granted in the licenses set forth above shall be reserved and remain always with THROW APP.

13. COPYRIGHTS

All title and copyrights in and to the Software and the Service are owned by THROW APP or its licensors. The Software and the Service are protected by copyright laws and international treaty provisions. Therefore, when using the Software and Service, you agree to obey the law and to respect the Intellectual Property Rights of others. Your use of the Software and Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights.

14. USER CONTENT

By submitting any User Content while using the Service, you affirm, represent, and warrant that that submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restrictions, or other third party rights and that you have permission from any third party whose personal information or intellectual property is included in the User Content; (c) free of viruses, adware, spyware, worms, or other malicious code; and (d) that any of your personal information within such content will at all times be processed by THROW APP in accordance with its Privacy Policy. You hereby grant THROW APP a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up, and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, introduce into circulation, commercialize, publish, distribute, sell, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication and any other medium, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works of the User Content in connection with our provision of the Service, including marketing and promotion of the Service.  You are responsible for all User Content you post or otherwise transmit via the Service.  We assume no responsibility for the conduct of any User submitting any User Content, and assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct.  User Content uploaded by other users (for instance, in their Profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms, and THROW APP assumes no responsibility or liability for such User Content.  We have no obligation to monitor User Content.  While utilizing the Service or posting User Content on the Service, you agree to comply with all applicable federal, state, local, and international laws and regulations and, without limiting the foregoing, you must not post any User Content on the Service that: (i) contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (ii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (iv) violates the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy: https://www.trythrow.com/privacy-policy; (v) is likely to deceive any person; (vi) promotes any illegal activity, or advocate, promote, or assist any unlawful act; (vii) causes annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (viii) impersonates any person, or misrepresent your identity or affiliation with any person or organization; (ix) involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; (x) gives the impression that they emanate from or are endorsed by THROW APP or any other person or entity, if this is not the case.  

Notwithstanding the foregoing, we reserve the right, in our sole discretion, to edit, refuse to post, or remove any User Content for any and no reason, and we may monitor or record your interaction with the Service or communications (including, but not limited to, chat text and voice communications and account information) when you are using the Service, as more fully set forth in our Privacy Policy.   By entering into these Terms, you hereby provide your irrevocable consent to such monitoring and recording.  If you become aware of misuse of the Service by any person or a posting that violates these Terms, please report it to us.  We may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that may violate the law or in the sole judgment of THROW APP may violate these Terms.  THROW APP has no responsibility to evaluate, use, or compensate you for any of your User Content.  If you submit User Content within the Service, you understand and agree that THROW APP (1) shall have the right to publish your User Content on the Service; (2) shall have the right, in its sole discretion, to suspend or terminate your account (or any part thereof) or use of the Service for any reason if THROW APP believes that you have violated or acted inconsistently with the letter or spirit of these Terms or the law; (3) shall have no obligation to return your User Content or respond in any way; (4) may use your User Content for any purpose in any way without notice or compensation to you; and (5) shall have the right to anonymize, de identify and aggregate your User Content, following which processing it will no longer be considered User Content or personal information. THROW APP IS NOT RESPONSIBLE FOR ANY USER’S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU PROVIDE THROUGH THE SERVICE.

THROW APP reserves the right to create a user Profile for a user that submits User Content within the platform.  Other users will be able to see and interact with the Profile similar to any other user-created Profile.  

While our Service is anonymous for Throwers, we are still about learning as a community, and as such, Users can view or search for the following from your Profile if you are providing Catches:

• Your User statistics and Activity tab, including how many Throws and Catches you have generated, the likes or dislikes you have garnered, or other statistical results from your interactions with our Service;
• Certain characteristics or personality traits you have identified about yourself, including your age, gender, ZIP code, and self-identified expertise areas, interests, and personality traits, home town, and list of expertise
• History and details of the answers you have provided on the platform; and
• Certificates, accolades or badges you may be awarded inside the platform.

Generally, you will not be able to select what data will be visible to other users when they view your Profile.  Additionally, while the above Profile traits and statistics are currently made visible through your Profile, the specific traits or statistics made visible through your Profile may change without notice.  Please note that any information you provide as part of your Profile or that becomes part of your Profile may be made visible to other users.  Information about Catchers is made visible through Profiles in order to maintain transparency on our platform and to allow other users to evaluate your credentials, your participation in the platform, and to generally contextualize your answers when helpful.  If you have questions about your Profile or the information made visible to other users, please contact us at privacy@ThrowApp.com.

15. USER INTERACTIONS

You are solely responsible for your interactions with other Users of the Service and any other parties with whom you interact through the Service or the Software.   If you have a dispute with one or more Users, you release THROW APP (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including, but not limited to, damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

If you are a resident of another state, you hereby waive any similar provision in your state law applicable to releases.

16. FEES, PAYMENT TERMS,AND CANCELLATIONS

Fees for All Users

‍You agree to pay all Fees and applicable taxes incurred by you or anyone using an account registered to you in accordance with the billing terms in effect at the time such Fees are due and payable.  Fees will be deducted from your Service Credits balance.  THROW APP uses the applicable app store or a third party payment processor to process your purchases of Service Credits.  You hereby authorize the applicable app store or payment processor to charge all your Service Credit purchases to the credit or debit card you provide them for such purchases.  In addition, you acknowledge that the applicable app store or third party payment processor, as applicable, may have a processing fee and that you will be charged the processing fee amount in addition to the amount due for Service Credits.  You hereby authorize the applicable app store or payment processor to charge such processing fee amount.   Accordingly, you assume all responsibility for notifying the applicable app store or payment processor of changes in credit card numbers and/or expiration dates.  Service Credits are non-refundable and have no value other than for payment of Fees on the Service.  When you owe Fees on the Service, your Service Credit balance will be reduced in the amount of Fees due.  All purchases on the Service and corresponding Fees are final.  Your Service Credit balance will also be adjusted to reflect any payment reversal and you will be responsible for any deficit balance.  You shall immediately pay THROW APP, on demand, any payments that are made to us that are subject to a subsequent reversal.  Questions regarding charges must be brought to the attention of our billing department within ninety (90) days after the end of the questioned billing period. Charges beyond ninety (90) days old are not subject to review, reversal or refund. YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION SUPPLIED TO THE APPLICABLE APP STORE OR THIRD PARTY PROCESSOR IS TRUE, CORRECT AND COMPLETE AND THAT YOU ARE AUTHORIZED TO PROVIDE AND USE IT, (II) PAYMENTS MADE BY YOU FOR PURCHASES OF SERVICE CREDITS WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (III) YOU SHALL BE RESPONSIBLE FOR ALL FEES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIALS.  THROW APP will not keep or store any of your personally identifiable financial information.

For all Premium Memberships, you will either pay for your plan in our App, or upon receipt of an invoice issued by us.  Additionally, the following terms will apply to Premium Memberships:

Monthly Subscriptions

If you purchase a monthly subscription for a Premium Membership, you agree to an initial and reoccurring monthly Premium Fee at the then-current monthly subscription rate.  You also accept responsibility for all recurring charges until you cancel your subscription.  You may cancel your monthly subscription at any time, subject to the terms of our cancellation policy.  Additional information on renewals and cancellation can be found below.  

Changes to Subscription Rates & Terms

THROW APP reserves the right to change its subscription rates at any time.  Automatic subscription renewals will be charged at the then-current subscription rates.  Any changes to the subscription dues will be communicated by THROW APP to the Premium Membership subscriber prior to the automatic payment date.  

Automatic Renewal and Cancellation

Your payment to THROW APP or the third party through which you purchased the Premium Membership will automatically renew at the end of the applicable subscription period, unless you cancel your Premium Membership before the end of the then-current subscription period. You must cancel through the App Store through which you purchased your Premium Membership or contact our Customer Support team at support@throwapp.com for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.

If you have purchased a Premium Membership using a code, your subscription will automatically terminate at the end of the period stated with your code, or when there is an insufficient prepaid balance to pay for the Premium Membership.

17. REWARD CREDITS

While interacting with the platform, you may receive Reward Credits in accordance with the terms in effect at that time.  YOU UNDERSTAND THAT YOUR REWARD CREDITS SHALL BE BASED IN PART ON YOUR SCORE IN THE SERVICE AND ACCORDINGLY MAY VARY DEPENDING ON YOUR SCORE AT THE TIME THAT YOU PARTICIPATE IN THE ACTIVITIES REWARDING CREDITS.  Reward Credits have no monetary value and may not be auctioned, traded, bartered or sold and are not transferrable upon death, by gift, as part of a domestic relations matter, or otherwise, except by operation of law.   ALL REWARD CREDITS POSTED TO YOUR ACCOUNT EXPIRE ONE (1) YEAR FOLLOWING POSTING.

For the avoidance of doubt, Reward Credits are an incentive to encourage participation in certain activities on the platform, for example, taking a survey or watching a rewarded ad, and are not compensation for time spent and are not calculated based on time spent by you. Similarly, any Reward Credits received by you are not pro-rated on an hourly basis or otherwise.  The relationship between THROW APP and a User that accumulates Reward Credits shall be that of an independent contractor and nothing herein shall render the User an employee, partner, party to a joint venture with THROW APP, or agent of THROW APP.  For additional information on the legal relationship between you and THROW APP, please see section 31 below.

Your Reward Credits account is not a bank or financial account and does not accrue or accumulate interest of any kind.  Reward Credits are personal to you, cannot be combined or aggregated with any Reward Credits accumulated by any other User, and cannot be transferred at any time, by operation of law or otherwise, and have no value.  Any Reward Credits posted to your account in error or through fraud, violation of these Terms or other misconduct shall be removed from your account.

18. REDEMPTION OF REWARD CREDITS

Current Reward Credits in your account can be redeemed for a U.S. Dollar payment pursuant to these Terms.  THE MINIMUM REWARD CREDITS REDEMPTION THRESHOLD IS THE EQUIVALENT OF TWENTY FIVE U.S. DOLLARS ($25). You can request a redemption of your Reward Credits at any time that your Reward Credits amount is greater than the minimum threshold, using the functionality provided on the Service.  Redemptions of Reward Credits are processed once per month and payments to you of the redemption amount shall be processed by THROW APP’s third party payment processor.  You acknowledge that the third party payment processor may charge a processing fee for redeeming Reward Credits and that the amount to be paid to you will be net of such processing fee amount.  All redemptions are final and upon payment to you by THROW APP’s third party payment processor of the corresponding amount (less any processing fees), your Reward Credits balance will be reduced by the amount of Reward Credits redeemed.  You hereby authorize any payment processor engaged by THROW APP to credit to your designated bank account or debit card account all corresponding amounts due (less any processing fees) upon your redemption of Reward Credits.  You assume all responsibility for notifying our payment processor of changes in credit card numbers and/or expiration dates.  THROW APP will not keep or store any of your personally identifiable financial information.  PLEASE NOTE THAT ONCE YOU HAVE RECEIVED PAYMENTS OF $599 DURING A TAX YEAR FROM REDEMPTIONS OF YOUR REWARD CREDITS, YOU WILL NOT BE ABLE TO REDEEM ANY FURTHER REWARD CREDITS FOR THE REMAINDER OF THE APPLICABLE TAX YEAR UNLESS AND UNTIL YOU PROVIDE THROW AP WITH A COMPLETED AND VERIFIED W-9 FORM.

19. TAXES

You shall be responsible for all income and other taxes and all applicable duties, levies and fees and similar charges imposed by any federal, state or local government entity on your use of the Software and Service, including, but not limited to Fees that you pay through the Service.

20. CONSENT TO USE OF DATA

You agree that THROW APP may collect and use data and related information, including, but not limited to, technical information about your mobile device that is gathered or transmitted periodically to facilitate your use of the Service, including the provision of Software updates, support, and other services to you (if any) related to the Software. THROW APP may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.  For more information about the use of your information, including your Personal Data, please visit our Privacy Policy: https://www.trythrow.com/privacy-policy.

21. CONFIDENTIALITY

You shall maintain as confidential all THROW APP proprietary and confidential information disclosed or learned during the term of these Terms (“Confidential Information”).  The Software shall be deemed to be THROW APP’S Confidential Information.  You shall not use the Confidential Information for any other purpose or disclose, transfer or otherwise convey such Confidential Information to any third party without the prior written consent of THROW APP. The foregoing obligations of confidentiality and non-use shall continue in effect, with respect to each item of Confidential Information, for so long as none of the below exceptions apply thereto.

22. USER COMMUNICATION

THROW APP reserves the right to send service e-mails notifying you of operational or other changes that may affect or change the Software or Service.  Please note that you cannot opt out of such service e-mails because these service e-mails provide information critical for the operation of the Software. YOU HEREBY GRANT US PERMISSION TO SEND YOU ALL SERVICE EMAILS AS DESCRIBED ABOVE.

23. WARRANTY DISCLAIMER

THE SOFTWARE AND SERVICE ARE PROVIDED ON AN “AS IS” BASIS. THROW APP MAKES NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SOFTWARE, THE SERVICE OR REGARDING YOUR SCORE ON THE SERVICE. THROW APP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE FOREGOING INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. UNDER NO CIRCUMSTANCE SHALL THROW APP BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM MISUSE, ABUSE OR MOBILE DEVICE MALFUNCTION, OR IF THE SOFTWARE HAS BEEN INSTALLED, USED, MODIFIED OR OPERATED OTHER THAN IN ACCORDANCE WITH INSTRUCTIONS FURNISHED BY THROW APP OR OTHER THAN AS PERMITTED BY THESE TERMS OR WITH RESPECT TO ANY THROWER OR ITS THROWS OR ANY CATCHER AND ITS ANSWERS. THROW APP DOES NOT WARRANT THAT THE SOFTWARE OR SERVICE OR ANY ANSWERS RECEIVED THROUGH SUCH USE WILL BE ADEQUATE FOR YOUR PURPOSES OR THAT USE OF THE SOFTWARE OR SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE, OR SECURE. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES FROM THROW APP OR ANY THIRD PARTY.

24. LIMITATIONS ON LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, EXCEPT FOR YOUR VIOLATION OF THROW APP’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS, THE BREACH THEREOF, THE USE OR INABILITY TO USE THE SOFTWARE OR THE SERVICE, ALL ANSWERS OR OTHER RESULTS GENERATED FROM THE USE OF THE SOFTWARE OR THE SERVICE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS HOWEVER CHARACTERIZED AND/OR FROM ANY OTHER CAUSE WHATSOEVER.  THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.  IN ANY CASE, THROW APP’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL BE LIMITED TO U.S. $100.00; BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

25. TERMINATION

These Terms and the license granted herein shall automatically terminate without notice upon the occurrence of any of the following:  (i) Your breach of any of the terms contained herein, which is not cured within ten (10) days after THROW APP’S notice to you; or (ii) You attempt to use, copy, license, or convey the Software in any manner contrary to the terms of these Terms or in derogation of THROW APP’S Intellectual Property Rights therein.  You can also terminate these Terms by sending us a notice to such effect.  Immediately upon termination of these Terms, whether or not you receive notice of such termination, the license shall be immediately and automatically terminated and you shall not have any further rights to use the Software.  Upon a termination, you shall immediately delete the Software from your mobile devices.  All rights and remedies conferred herein shall be cumulative and in addition to all of the rights and remedies available to each party at law, equity or otherwise.

26. GOVERNING LAW

These Terms will be governed by and interpreted in accordance with the law of the State of California without reference to its choice of law rules.  This agreement shall be deemed to be performed in Sunnyvale, CA. Both parties irrevocably submit to the exclusive jurisdiction of the state or federal courts located in Santa Clara County, CA. for enforcement of any arbitral award or for any intermediate equitable relief, and both parties waive any right to object to the exclusive jurisdiction or venue of the courts Santa Clara County, CA. In the event of any action being filed to enforce an arbitral award, the prevailing party shall be entitled to its reasonable attorneys’ fees and expenses incurred in addition to any other relief to which it is entitled. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.  YOU EXPRESSLY AGREE THAT ANY DISPUTE WITH THROW APP IS PERSONAL TO YOU, AND ANY SUCH DISPUTE SHALL ONLY BE RESOLVED BY AN INDIVIDUAL COURT PROCEEDING. NEITHER PARTY AGREES TO CLASS ACTION OR PROCEEDING WHERE A PERSON BRINGS A DISPUTE AS A REPRESENTATIVE OF ANY OTHER PERSON OR PERSONS. NEITHER PARTY AGREES THAT A DISPUTE CAN BE BROUGHT AS A CLASS OR REPRESENTATIVE ACTION ON BEHALF OF ANY OTHER PERSON OR PERSONS. THE PARTIES AGREE THAT A DISPUTE MAY ONLY BE RESOLVED THROUGH AN INDIVIDUAL COURT PROCEEDING AND SHALL NOT BE BROUGHT AS A CLASS ARBITRATION, A CLASS ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

27. DISPUTE RESOLUTION

PLEASE READ THIS SECTION CAREFULLY.  IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH MANDATORY ARBITRATION WITH A FAIR HEARING BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION OR REPRESENTATIVE PROCEEDING.  THE ENFORCEABILITY OF THIS AGREEMENT IS GOVERNED BOTH PROCEDURALLY AND SUBSTANTIVELY BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1-9 (“FAA”), TO THE MAXIMUM EXTENT PERMITTED BY LAW.  You agree that any dispute or claim arising out of or in any way relating to these Terms (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration.  

Arbitration Procedures. Before commencing arbitration you must first present any claim or dispute to us in writing to allow us the opportunity to resolve the dispute. If the claim or dispute is not resolved within 60 days, you may request arbitration by serving a completed Commercial Demand for Arbitration Form on us and the American Arbitration Association (“AAA“). You can contact the AAA at 800-778-7879 or www.adr.org. The arbitration shall be conducted by the AAA in accordance with its Commercial Arbitration Rules, and, when deemed appropriate by the arbitrator, the AAA’s Supplementary Procedures for Consumer-Related Disputes, except as expressly set forth in these Terms. There shall be one arbitrator who will be a licensed attorney or a former judge and will have at least 10 years of legal experience in the resolution of commercial disputes. The arbitrator shall be chosen by written mutual agreement of the parties. If, after 7 days, you and we are unable to agree upon an arbitrator, the AAA will appoint the arbitrator. The arbitrator shall apply the substantive law of the state of California, without giving effect to its conflict of law provisions. All face-to-face proceedings shall take place in the State of California.  Arbitration is final and binding. In making any award, the arbitrator will be restricted by the “Limitation On Liability” provision in these Terms and will not have jurisdiction to make an award to any party to the arbitration contrary to the “Limitations on Liability” provision. You expressly agree that the rulings of the arbitrator, including any award, shall be binding, non-reviewable and non-appealable.  The party requesting arbitration must pay the applicable AAA filing fee.  Each party shall pay its own expenses of the arbitration, including the expense of its own counsel, witnesses, and presentation of evidence at the arbitration. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorneys’ fees.  THE PARTIES EXPRESSLY AGREE THAT THERE SHALL BE NO JURY TRIAL OR RIGHT TO A JURY TRIAL, OR RIGHT TO ANY OTHER PROCEEDING TO RESOLVE ANY DISPUTE IN ANY COURT. THE PARTIES ALSO EXPRESSLY AGREE THAT ANY DISPUTE IS PERSONAL TO THEM, AND ANY SUCH DISPUTE SHALL ONLY BE RESOLVED BY AN INDIVIDUAL ARBITRATION. NEITHER PARTY AGREES TO CLASS ARBITRATION OR ARBITRATION WHERE A PERSON BRINGS A DISPUTE AS A REPRESENTATIVE OF ANY OTHER PERSON OR PERSONS. NEITHER PARTY AGREES THAT A DISPUTE CAN BE BROUGHT AS A CLASS OR REPRESENTATIVE ACTION OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER PERSON OR PERSONS. THE PARTIES AGREE THAT A DISPUTE MAY ONLY BE RESOLVED THROUGH AN INDIVIDUAL ARBITRATION AND SHALL NOT BE BROUGHT AS A CLASS ARBITRATION, A CLASS ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

28. ASSIGNMENT

You shall not assign or otherwise transfer your rights or obligations under these Terms to a third party.  IF YOU TRANSFER POSSESSION OF THE SOFTWARE TO ANOTHER PARTY, YOUR LICENSE IS AUTOMATICALLY TERMINATED.

29. SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, such provision will be deleted and re-interpreted to the extent necessary to comply with law and interpreted and substituted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions of these Terms will continue in full force and effect.

30. FORCE MAJEURE

Other than for your payment obligations, neither party shall be liable for any delay or nonperformance due to acts of God, natural casualties, war, terrorism, material shortages, transportation and communications delays, energy shortages and disruptions, trade embargoes, governmental regulations, strikes, civil unrest and/or other causes beyond the reasonable control of a party (a “Force Majeure Event”).  If a Force Majeure Event occurs, the party whose performance is affected shall give the other party written notice within ten (10) days of such occurrence, detailing the circumstances of the Force Majeure Event and an estimate of the anticipated delay in performance.  The party whose performance is affected will use commercially reasonable efforts to develop a mutually acceptable work around plan in an attempt to minimize the impact of the Force Majeure Event.  Performance shall be promptly resumed upon termination of the Force Majeure Event.

31. ENTIRE AGREEMENT

These Terms constitutes the entire agreement between the parties with respect to the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral.  THROW APP shall have the right, at any time and without notice, to add to or modify these Terms, simply by delivering such amended Terms to you by email at the address provided to THROW APP by you or by posting the changes on the Service.  Your access to or use of the Service after the date such amended Terms are delivered to you shall be deemed to constitute acceptance of such amended Terms.

32. LEGAL RELATIONSHIP

You hereby acknowledge and agree that you are an independent contractor and are free to choose to participate or not participate in the Service and, if you choose to participate, your scope and frequency of participation, and that you can modify any of the foregoing in your sole discretion.  You further acknowledge that THROW APP does not and shall not monitor, direct or participate in your participation or scope and frequency of participation in the Service and that you are free to participate in other endeavors and services without restriction.  You hereby further acknowledge and agree that you shall not pursuant to these Terms be, and shall not be considered, an agent or an employee of THROW APP and that you shall have no right or authority at any time to make any contract or binding promise of any nature on behalf of THROW APP or to hold yourself out as such.

33. ELIGIBILITY

The Software and the Services are not intended for users under the age of 18. If you are a minor under the age of 18, you may not use the Software or the Services. THROW APP does not knowingly collect personally identifiable information from users under the age of 13. Children under age 13 should not send any information about themselves to THROW APP. If a child under age 13 submits information through any part of the Service, and THROW APP becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.

34. WARRANTY AND ACKNOWLEDGEMENT

BY CLICKING “ACCEPT” AND INSTALLING THE SOFTWARE AND USING THE SERVICE, YOU ACKNOWLEDGE, WARRANT AND AGREE THAT (i) YOU ARE 18 YEARS OF AGE OR OLDER; (ii) THE INFORMATION YOU PROVIDE ON THE REGISTRATION FORM IS TRUE, ACCURATE, COMPLETE AND CURRENT; AND (III) YOU HAVE READ THESE TERMS AND THE PRIVACY POLICY AND YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND TO THE PROCESSING OF YOUR PERSONAL INFORMATION CONSISTENT WITH THE PRIVACY POLICY (https://www.trythrow.com/privacy-policy).  YOU MUST AGREE TO THESE TERMS AND THE PRIVACY POLICY IN ORDER TO INSTALL AND USE THE SOFTWARE AND THE SERVICE.