Last Updated: March 7, 2024.
DEFINITIONS
“EULA” shall mean My Cherokee Helper’s End User License Agreement. “Website” shall mean cherokee411.com .“Company” (referred to as “the Company”, “We”, “Our”, in this EULA) shall mean Agisdelvhidohi, LLC (My Cherokee Helper). “You” (also referred to as “your” or in this EULA) shall mean the individual accessing or using the Website or the company, or other legal entity on behalf of such individual is accessing or using the Website, as applicable. “Third-Party Services” means any services or content (including data, information, applications and other product services) provided by a third-party that may be displayed, included or made available by the Website.
AGREEMENT
Your use of the Website is subject to this EULA. Please read and review this entire agreement before indicating your acceptance of the terms by clicking “I Accept.” Use of the Website and the Company’s services are also subject to our Website Use and Terms and Conditions, including the dispute resolution provisions.
ACKNOWLEDGEMENT
By clicking the “I Accept” button, or using the Website, You are agreeing to be bound by the terms and conditions of this EULA. If You do not agree to the terms and conditions of this EULA, do not click on the “I Accept” button or do not use this website.
This EULA is between You and the Company only and not with HighLevel. Therefore, the Company is solely responsible for the Website and its content. Although the Website is not a party to this EULA, it has the right to enforce it against You as a Third-Party beneficiary relating to your use of the Website.
This Website is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
USAGE
Scope of Usage
The Company grants You a revocable, non-exclusive, non-transferable, limited usage too use the Website strictly in accordance with the terms of this EULA.
The License that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this EULA.
Usage Restrictions
You agree not to, and You will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Website or make the Website available to any third party. Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or the licensors of the Website.
TRADEMARKS
You may not use any the Company’s trademarks or service marks without the Company’s ’s prior written permission.
INTELLECTUAL PROPERTY
The Website, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company reserves the right to license, sell, lease, assign, distribute, transmit, host, disclose or otherwise use any personal information You voluntarily disclosed to the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Website. To the extent the Company is required to provide indemnification by applicable law, the Company, not HighLevel, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Website or your use of it infringes on any third party intellectual property rights.
MODIFICATIONS TO THE WEBSITE
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website or any service to which it connects, with or without notice and without liability to You.
UPDATES TO THE WEBSITE
The Company may from time to time provide enhancement or improvements to the features/functionality of the Website, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Website. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Website to You.
You further agree that all updates or other modifications will be (i) deemed to constitute an integral part of the Website, and (ii) subject to the terms and conditions of this EULA.
MAINTENANCE AND SUPPORT
The Company does not provide any maintenance or support for the use of the Website.
THIRD-PARTY SERVICES
The Website may display, include or make available third-party content (including data, information, applications, or other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.
You must comply with applicable Third parties’ Terms of agreement when using the Website. Third-Party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to third parties’ Terms and conditions.
AMENDMENTS TO THIS EULA
The Company reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Website after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Website.
TERM AND TERMINATION
This EULA shall remain in effect until terminated by You or the Company. The Company, may, in its sole discretion, at any time or for any or no reason, suspend or terminate this Website with or without prior notice.
This EULA will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this EULA. You may also terminate this EULA by refraining from using the Website and the Company’s services.
Upon termination of this EULA, You shall cease the use of the Website.
Termination of this EULA will not limit any of the Company’s rights or remedies at law or in equity in case of breach by YOU (during the term of this Agreement) of any of your obligations under the present EULA.
INDEMNIFICATION
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Website; (b) violation of this EULA or any law or regulation; or (c) violation of any right of a third party.
WAIVER
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this EULA shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
SEVERABILITY
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
PRODUCT CLAIMS
The Company does not make any warranties concerning the Website. To the extent You have any claim arising from or relating to your use of the Website, the Company, not HighLevel, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Website fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
GOVERNING LAW
The laws of the State of Oklahoma, excluding its conflicts of law rules, shall govern this EULA and your use of the Website.
CONTACT US
If you have any questions about this Agreement, You can contact us by sending us an email: