By downloading, installing, or using the Pebble mobile application ("App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.
These Terms constitute a legally binding agreement between you and Pebble ("Company," "we," "us," or "our"). Please read them carefully.
You must be at least 13 years old to use the App. If you are between 13 and 18 years old, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We do not knowingly collect personal information from children under 13.
Pebble is a location-based mobile application that suggests real-world activities and destinations ("Forages") for users to visit and complete. Forages may include visiting coffee shops, parks, trails, landmarks, and other points of interest.
Important: Pebble suggests locations and activities. We do not own, operate, manage, or control any of the locations suggested in the App. All Forages are generated algorithmically and may not reflect current real-world conditions.
BY USING THE APP, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND PARTICIPATION IN ANY FORAGES OR ACTIVITIES SUGGESTED BY THE APP IS AT YOUR SOLE RISK.
You understand and agree that:
While using the App, you agree that you will:
By submitting photos or other content ("User Content") through the App, you:
We reserve the right to remove any User Content at our sole discretion, without notice, for any reason.
All content, features, and functionality of the App (excluding User Content) are owned by Pebble and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the App without our express written permission.
You agree to indemnify, defend, and hold harmless Pebble and its officers, directors, employees, agents, and affiliates from and against any and all claims, disputes, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PEBBLE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the foregoing, Pebble does not warrant that:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEBBLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP.
IN NO EVENT SHALL PEBBLE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE APP EXCEED ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO PEBBLE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the fullest extent permitted by law.
Before filing any formal dispute, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.
If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in Oregon, unless you and Pebble agree otherwise.
YOU AND PEBBLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
You may opt out of this arbitration provision by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration.
This arbitration provision does not apply to: (a) individual claims brought in small claims court; or (b) injunctive or other equitable relief to prevent infringement of intellectual property rights.
These Terms shall be governed by the laws of the State of Oregon, without regard to conflict of law principles.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Pebble regarding the App.
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you through the App. Your continued use of the App after such notification constitutes acceptance of the modified Terms.
For questions about these Terms, please contact us at:
[email protected]
BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS, TOGETHER WITH THE PRIVACY POLICY, REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PEBBLE AND SUPERSEDE ANY PRIOR AGREEMENTS OR PROPOSALS.