Last Updated: 7/1/2021

We respect your privacy and are committed to protecting it through this Privacy Policy (the “Policy”). This Policy describes the types of information we may collect from you or that you may provide to us when you use the services offered by Self Changer (“Services”), as well as our practices for collecting, using, keeping, protecting, and disclosing that information.

• “We” – This term and any applicable first-person pronouns (us, our, ours, etc.) refer to Traders Abacus, LLC, the owner and operator of Self Changer.
  

• “Self Changer” – This term refers to the mobile application, selfchanger.com, and all affiliated websites.
  

• “You” or “User” – This term and any applicable second-person pronouns (your, yours, etc.) refer to you, as the user of Self Changer.
  

This Policy applies to information we collect:

• On or through the Self Changer website (including desktop and mobile versions);
  

• On or through the Self Changer mobile application; and
  

• In email, text, and other electronic messages between you and us.
  

It does not apply to information collected by:

• Us offline or through any other means, including through any third party (including our affiliates and subsidiaries); or
  

• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible through Self Changer.
  

We reserve the right to revise, amend, or modify this Policy and our other policies and agreements at any time and in any manner. You should periodically check for any modifications to this Policy by re-visiting these terms. You should note the “Last Updated” date of this Policy, which appears at the top of this Policy. A changed “Last Updated” date indicates that this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting. We will consider your continued use of Self Changer after we make changes to this Policy as your acceptance of the changes, so please check this Policy frequently for updates. 

2. Are Minors Welcome?

Self Changer is not intended for anyone under eighteen (18) years old. We prohibit anyone who does not meet the age requirements from accessing the Services. Minors must not use Self Changer. We do not knowingly collect or solicit any information from or about children, minors, or anyone under eighteen (18) years old, nor do we knowingly market to children, minors, or anyone under eighteen (18) years old. If you are under eighteen (18) years old, you must not submit information to us and must immediately leave Self Changer. If we learn that we have collected personal information from or about a minor, we will delete that information as quickly as possible. If you believe that we might have personal information from or about a minor, please contact us at contact_us[at]selfchanger[dot]com.

3. What Types Of Information Do We Collect About You And How Is It Collected?

Due to the anonymized nature of our Services, we only collect as much information from you as necessary to provide you the Services, including tokenized account information,  non-personally identifying information, and information about your commercial transactions with us. We collect this information directly from you when you provide it on Self Changer, or from your computer device or mobile phone.

4. How We Use Your Information

We use this information to provide the Services to you, to allow you to participate in the Services, and for any other purpose with your consent.

5. With Whom Do We Share Your Information?

We only disclose this information to:

• Our subsidiaries and affiliates;
  

• Contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
  

• A buyer or other successor in the event of a merger, joint venture, assignment, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred; and
  

• Any other party with your consent.
  

It is our policy not to use or share the personal information about users in ways unrelated to those described in this Policy without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, we may disclose account information, or information regarding your use of the Services for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: 

i. To cooperate with law enforcement authorities, government agencies, and private-party litigants seeking information about our users to the extent required by applicable law, or if we are legally advised to do so; examples of such cooperation may include but are not limited to: lawful criminal, civil, or administrative process or discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process;

ii. To disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our User Terms or other policies; 

iii. To operate our Services properly; or

iv. To protect the rights, property, or safety of us, our users, or the general public, including but not limited to disclosures for the purposes of fraud protection and credit risk reduction.

7. What Choices Do You Have About How We Use And Disclose Your Information?

We strive to provide you with choices about the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies And Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your other cookies, visit www.allaboutcookies.org/manage-cookies/. If you disable or refuse cookies, please note that some parts of Self Changer may then be inaccessible or not function properly.
  

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

8. Data Collection, Retention, Access, Correction, And Removal

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances, we may anonymize your personal data so that it can no longer be associated with you. We reserve the right to use that anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent. In some cases, you may access, correct, or remove your personal information by deleting your account. 

9. Our Commitment To Data Security 

We have implemented measures designed to secure any personal information from accidental loss and from unauthorized access, use, change, and disclosure. All information you provide to us is stored on our secure servers behind firewalls and account information is tokenized to protect your privacy.

Warning: The transmission of information over the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through Self Changer. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures used by Self Changer.

10. Links To Other Websites

Self Changer may contain links to other websites. Please be aware that we do not operate, control, or endorse third-party sites that may be linked on Self Changer, nor are we responsible for the content or privacy practices of those other websites. We disclaim any responsibility for the information on other websites, and we do not make any warranties or representations that any linked sites (or even this Self Changer) will function without error or interruption, that defects will be corrected, or that those websites and their servers are free of viruses or other problems that may harm your computer. We encourage our users to be aware when they leave Self Changer and to read the privacy statements of any other website that collects personally identifiable information.

11. Do Not Track Policy

Do Not Track (“DNT”) is a privacy preference that you can set in your browser. DNT is a way for you to inform websites and services that you do not want certain information about your webpage visits collected over time and across websites or online services. We are committed to providing you with meaningful choices about the information we collect and that is why we provide you the ability to opt out. However, we do not recognize or respond to any DNT signals as the Internet industry works toward defining exactly what DNT means, what it means to comply with DNT, and a common approach to responding to DNT. For more information, visit www.allaboutdnt.com.

12. Your California Privacy Rights

California Civil Code § 1798.83 permits users of Self Changer that are California residents to request certain information about our disclosure of personal information to third parties for their direct marketing purposes. To make this request, please contact us at support[at]selfchanger[dot]com.

Further, if you are a California resident and would like to opt out from the disclosure of your personal information to any third party for marketing purposes, please contact us at caoptout[at]selfchanger[dot]com. Please be advised that if you opt out from permitting your personal information to be shared, you may still receive selected offers directly from us in accordance with California law.

The California Consumer Privacy Act of 2018 provides additional privacy rights and protections to California users; however, these additional rights and protections do not apply to us or your use of our Services, because we do not sell your data and/or because we do not meet the triggers set forth in the law.

12. Your Nevada Privacy Rights

Nevada Revised Statute Chapter 603A provides Nevada residents who provide personal information to websites that meet certain thresholds with certain opt-out rights. However, we currently do not sell data triggering the opt-out right requirements in Nevada. Although we do not currently sell data, you may submit a Nevada opt-out request by contacting us at nvoptout[at]selfchanger[dot]com which we will honor if we sell data at a future date.  

13. International Users

This Policy is intended to cover collection of information on or through Self Changer within our home jurisdiction. Some countries may require stricter privacy policies than those described in this document. If you are visiting Self Changer from such a country, please be aware that your information may be transferred to, stored, and processed in the country where our servers are located and our central databases are operated. The data protection and other laws of our home jurisdiction might not be as comprehensive as those in your country. By using our Services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy. When you provide personal information to us through the Services, you consent to the processing of your data in, and the transfer of your data to, our home jurisdiction or any other country in which we or our affiliates, subsidiaries, or service providers host these Services. 

14. No Third-Party Rights

This Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the Services.

© Walters Law Group (2021). All rights reserved

Last Updated: 7/1/2021

Traders Abacus, LLC (“we”, “us”, “our(s)”), etc.) is the owner and operator of the Self Changer mobile application and any affiliated websites (“Self Changer”). These User Terms are a legal contract that establishes the relationship between us and you, the user (you”, “your”, “yours”, etc.) and governs the services we provide to you through Self Changer (the “Services”), including all text, images, graphics, photographs, audio, video, buttons, icons, animations, data, messages, games, software, and other content, information, or materials on Self Changer (the “Materials”), and any materials that you post or otherwise upload to Self Changer (your “Content”).

By accessing Self Changer, you accept and agree to our website policies, including these User Terms, which are subject to changes at any time. We will provide notice to you of such changes by updating the date above, and you will periodically check for such changes from time to time. Any changes are effective when posted.

By accessing Self Changer, you certify to us that (a) you are eighteen (18) years of age or older, (b) you have the legal capacity to enter in to and agree to these User Terms, (c) you are using the Services freely, voluntarily, willingly, and for your own personal enjoyment, and (d) you will only provide accurate and complete information to us and promptly update this information as necessary to maintain its accuracy and completeness.

I. Accounts

1. Account Creation: All users may download Self Changer and register for an account. Certain paid features of the account require that you provide personal information to our billing processor. To gain full access to the Services and all the features offered on Self Changer, you must purchase a subscription as described in Section II below. You will not assign, transfer, sell, or share your account or subscription to Self Changer. If you do, both you and the unauthorized user are jointly and severally liable for any fees that will be due. 
   

2. Account Termination: You may delete your account by selecting “Delete Account” in your account settings. We may temporarily suspend or permanently delete your account or any licenses herein at any time, for any reason, in our sole discretion. We are not responsible for preserving terminated account information, including your Content, which may be permanently deleted in our discretion. If you provide any false, misleading, incomplete, or otherwise incorrect information to us, or if you fail to promptly update such information to maintain its accuracy and completeness, your account and subscription are null and void.
   

II. Subscriptions

1. Subscriptions: Registered users that provide valid and current payment information may purchase a subscription at the price displayed on Self Changer at the time of purchase. We do not collect or retain any personal contact details or payment information. All subscriptions are authorized by a blockchain token system to protect the privacy of your personal user data. You are responsible for maintaining your anonymous access credentials associated with your account. If you lose your access credentials, we cannot reset your password or restore access to Self Changer. In such circumstances, you must create a new account to access Self Changer. We reserve the right to charge additional fees for access to Self Changer or any other feature or service of Self Changer, and to change our fee structure at our discretion. All previous offers or discounts related to subscriptions or other paid features are unavailable once removed from Self Changer.
   

2. Charges to Your Account: You agree to pay any and all fees or account charges related to any fees, charges, purchases, subscriptions, or upgrades associated with your account, immediately when due in accordance with our stated billing policy, or that of our third-party billing agent. You acknowledge that the charge on your banking statement for our Services may display as Self Changer, one of our brand names, or our third-party billing agent’s name. You understand and agree that you are responsible for any and all fees or penalties that are associated with your account. Your account will be deemed past due if it is not paid in full by the payment due date. If your account remains unpaid for more than thirty (30) days after the invoice date, you agree to pay interest on the past due amount at a monthly rate of one and a half percent (1.5%), or the highest amount allowed by law, whichever is lower, compounded daily, plus any additional collection costs, credits, charge backs, and attorneys’ fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay any and all amounts due immediately upon cancellation or termination of your account. If you make a purchase on Self Changer that results in a chargeback, we may terminate your account.
   

3. Third Party Payment Processing: We utilize various third-party payment processors and gateways, and we reserve the right to contract with additional third-party payment processors and gateways in our sole discretion to process any and all payments associated with Self Changer or the Services. Such third parties may impose additional terms and conditions governing payment processing. you are responsible for abiding by such terms. We further disclaim any liability associated with your violation of such terms.
   

4. Changes to Your Billing Information: You must promptly inform our third-party billing agent of all changes, including changes in your address and changes in your credit card used in connection with billing or payment for Self Changer and the Services, if applicable. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of Self Changer and the Services, as well as subjecting you to criminal and civil liability. You are responsible for any credit card charge backs, dishonored checks, and any related fees that Self Changer incurs with respect to your account, along with any additional fees or penalties imposed by our third-party billing agent. If you fail to reimburse us for any credit card chargebacks, dishonored checks, or related fees within thirty (30) days of our initial demand for reimbursement, you agree that you will pay us one hundred dollars ($100 USD) in additional liquidated damages as well as any costs incurred by us for each fee incurred.
   

5. Changes to Our Billing Methods: We reserve the right to make changes at any time to our fees and billing methods, including the addition of administrative or supplemental charges for any features, with or without prior notice to you.
   

6. Refunds: You understand and agree that it is our standard policy that purchases or fees associated with your account are final and nonrefundable at this time. We reserve the right to address any refund request in our sole discretion. Refunds will not be provided in the event a chargeback has been initiated.
   

7. Billing Errors: If you believe that you have been erroneously billed for activity associated with your account, please notify our third-party billing agent immediately of such error. If you do not do so within thirty (30) days after such billing error first appears on any account statement, the fee in question will be deemed acceptable by you for all purposes, including resolution of inquiries made by or on behalf of your banking institution. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported within thirty (30) days of the bill being rendered to you. These terms shall supplement and be in addition to any terms required by third party billing entities we engage to provide billing services. You are responsible for review and compliance with such entity’s terms in addition to those contained in these User Terms. 
   

8. Stolen Cards and Fraudulent Use of Credit Cards: We take credit card fraud very seriously. Discovery that you have used a stolen or fraudulent credit card will result in the notification of the appropriate law enforcement agencies and termination of your account. 
   

III. Materials and Content

1. Materials: You understand that all we are selling you is access to Self Changer and use of the Services as we provide them from time to time. You need to provide your own access to the Internet, hardware, and software, and you are solely responsible for any fees that you incur to access Self Changer or use the Services. All users may access certain public areas of Self Changer and use the Services and Materials therein, free of charge. We grant all users a limited, nonexclusive, nontransferable personal license to access and use only those Materials provided on free areas of Self Changer for private, non-commercial purposes on a single computer or mobile device. This free license does not include a license to access or use paid subscribers-only areas of Self Changer or other paywall-protected Materials. If you have an active subscription, we also grant you a limited, nonexclusive, nontransferable personal license to access the paid subscribers-only areas of Self Changer, the Services, and the Materials, as limited by your subscription or additional purchase of certain paid features and upgrades. This paid license is for private, non-commercial purposes on a single mobile device. We reserve the right to limit the amount of Materials viewed and/or Services available to you. Your license to access Self Changer and use the Services and Materials is not a transfer of title. You will not copy or redistribute any Material, and you will prevent others from unauthorized access, use of, and/or copying of the Materials.
   

2. Content: We may permit you to submit Content to Self Changer. All Content submitted through the Self Changer mobile application is anonymous and not associated with any personally identifiable individual. Self Changer will not disclose the identity of any account holder’s Content, since Self Changer does not retain such data. We may use aggregate information associated with Content for statistical analysis and educational purposes, and you grant us all necessary rights to do so.
   

IV. Prohibited Uses 
 
You agree that you will only use Self Changer, the Services, and the Materials for purposes expressly permitted and contemplated by these User Terms. You may not use Self Changer, the Services, or the Materials for any other purposes without our express prior written consent. Without our express prior written authorization, you will not: 

1. Use the Services for any purpose other than as offered by us, including using the Services in any way that is prohibited by these User Terms or that is violative of any applicable law, regulation, or treaty of any applicable governmental body, including:
   

1. intellectual property rights laws protecting patents, copyrights, trademarks, trade secrets, and any other intellectual property rights, including making, obtaining, distributing, or otherwise accessing illegal copies of copyrighted, trademarked, or patented content, deleting intellectual property rights indications and notices, or otherwise manipulating identifiers;
   

2. laws against obscene, lewd, defamatory, or libelous speech; and
   

3. laws protecting confidentiality, privacy rights, publicity rights, or data protection.
   

2. Fail to comply with orders, judgments, or mandates from courts of competent jurisdiction.
   

3. Impersonate another individual or entity, whether actual or fictitious; falsely claim an affiliation with any individual or entity; access or attempt to access the accounts of others without permission; misrepresent the source, identity, or content of information transmitted via the Services; or perform any other similar fraudulent activity.
   

4. Engage in antisocial, disruptive, or destructive behavior, including “bombing,” “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet, or engage in any other behavior that serves no purpose other than to harass, annoy, or offend users.
   

5. Circumvent, disable, damage, or otherwise interfere with the operations of Self Changer, any user’s enjoyment of Self Changer, or our security-related features that prevent, limit,  restrict, or enforce the use or copying of any Materials, or limitations thereof, by any means, including viruses, adware, spyware, malware, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious code, file, or program designed to interrupt, destroy, limit, or monitor the functionality of any computer software or hardware or any telecommunications equipment.
   

6. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of Self Changer or any part of it, except and only if that activity is expressly permitted by applicable law despite this limitation.
   

7. Access or use any automated process (such as a robot, spider, scraper, or similar) to access Self Changer in violation of our robot exclusion headers or to scrap all or a substantial part of the Materials (other than in connection with bona fide search engine indexing or as Self Changer may otherwise expressly permit).
   

8. Modify, adapt, translate, or create derivative works based on the Services or the Materials, except and only if applicable law expressly permits that activity despite this limitation.
   

9. Commercially exploit or make available the Services or the Materials therein to third parties including any action or attempt to “frame” or “mirror” Self Changer.
   

10. Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive demands on it.
    

11. Attempt to do any of the acts described in this section or assist or permit any person in engaging in any of the acts described in this section.
    

Engaging in any Prohibited Use will be considered a breach of these User Terms and may result in immediate suspension or termination of the user’s account and access to Self Changer without notice, in our sole discretion. We may pursue any legal remedies or other appropriate actions against you if you engage in any of the above Prohibited Uses or any unauthorized use of the Services, including civil, criminal, or injunctive relief, and cancellation of your account. Any unauthorized use of the Services or our computer systems violates these User Terms and certain international, foreign, and domestic laws.

V. Law Enforcement

We will fully cooperate with law enforcement authorities or orders from courts of competent jurisdiction, requesting or directing us to disclose the identity or location of any user in breach of these User Terms, or in accordance with our privacy policies, subpoena compliance policies, and applicable law or regulation. 

VI. Dispute Resolution and Damages
 

1. Governing Law and Venue: These User Terms and all matters arising out of, or otherwise relating to, these User Terms shall be governed by the laws of the state of Florida, excluding its conflict of law provisions. The sum of this paragraph is that any and all disputes must be, without exception, resolved in Orange County, Florida. All parties to these User Terms agree that all actions or proceedings arising in connection with these User Terms or any services or business interactions between the parties that may be subject to these User Terms shall be brought exclusively in Orange County, Florida. The parties agree to exclusive jurisdiction and venue in, and only in, Orange County, Florida. The parties additionally agree that this choice of venue and forum is mandatory and not permissive in nature, thereby precluding any possibility of litigation between the parties with respect to, or arising out of, these User Terms in a jurisdiction other than that specified in this paragraph. All parties hereby waive any right to assert the doctrine of forum non-conveniens or similar doctrines, or to object to venue with respect to any proceeding brought in accordance with this paragraph or with respect to any dispute under these User Terms whatsoever. All parties stipulate that the courts located in Orange County, Florida shall have personal jurisdiction over them for resolution of any disputes. You agree to accept service of process by registered or certified mail, Federal Express, or Priority Mail, with proof of delivery or return receipt requested, sent to your last known address for any legal action arising from these User Terms. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject matter and may be enforced in the courts located in Orange County, Florida or other jurisdictions in any manner provided by law if such enforcement becomes necessary.
   

2. Class Action Waiver: You hereby waive any right or ability to initiate any class action or collective proceeding. 
   

3. Rights to Injunctive Relief: Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.
   

4. Provisions with Stipulated Liquidated Damages: In various provisions in these User Terms, we have outlined liquidated damages amounts to be applied as penalties against you if you violate these specific provisions. You specifically agree to pay these amounts. In doing so, you acknowledge that this amount is not a penalty, and that the actual damages are uncertain and difficult to ascertain, but that this amount represents the parties’ good faith attempt to calculate an appropriate compensation based on anticipated actual damages.
   

5. Additional Fees: If we are required to enlist the assistance of an attorney, investigator, collections agent, or other person to collect any liquidated damages or any other amount of money from you, or if we are required to seek the assistance of an attorney to pursue injunctive relief against you, then you additionally agree that you will reimburse us for all fees incurred in order to collect these damages or in order to seek injunctive relief from you. You understand that even a nominal amount of damages may require the expenditure of extensive legal fees, travel expenses, costs, and other amounts that may dwarf the actual or liquidated damages themselves. You agree that you will pay these fees and costs.
   

 
VII. Disclaimers

1. We Disclaim All Warranties: We provide access to Self Changer and use of the Services “as is” and “with all faults.” We make no warranty that Self Changer or the Services will meet your needs or requirements. We disclaim all warranties — express, statutory, or implied — including warranties of merchantability, fitness for a particular purpose, workmanlike effort, quality, suitability, truthfulness, usefulness, performance, accuracy, completeness, reliability, security, title, exclusivity, quiet enjoyment, non-infringement, and warranties that your access to Self Changer or use of the Services will be uninterrupted, timely, secure, error-free, or that content loss will not occur, to the greatest extent provided by applicable law. Self Changer makes no warranty regarding any goods or services purchased or obtained through the Services or any transaction entered into through the Services. There are no warranties of any kind that extend beyond the face of these User Terms or that arise because of course of performance, course of dealing, or usage of trade.
   

2. Changes and Updates to Self Changer: Self Changer may change any of the information found on the Services at any time or remove any or all Materials thereon. Self Changer makes no commitment to update the Materials or the Services.
   

3. Use at Your Own Risk: You expressly agree that access to Self Changer and use of the Services is at your own and sole risk. You understand that Self Changer cannot and does not guarantee or warrant that Self Changer or the Services will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. Self Changer does not assume any responsibility or risk for your access to or use of the Internet, Self Changer, or the Services. You understand and agree that any Materials downloaded or otherwise obtained through Self Changer is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from your activity.
   

4. No Responsibility for Third Parties: We do not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by another person through Self Changer or any linked website, or featured in any banner or other advertising. You understand and agree that we have no control over, are not responsible for, and do not screen nor endorse the goods or services provided on third-party links. We will not be a party to or be in any way responsible for monitoring any transaction between you and other providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. You agree to hold Self Changer harmless from any and all damages and liability that may result from use of third-party links that appear on Self Changer and any content, advertising, services, goods, products, or other materials available on third-party links. We are not responsible for any use of confidential or private information by sellers or third parties. You agree that your use of any third-party link or the goods or services provided thereon is governed by the User Terms of those third parties, not by these User Terms or our other policies. We reserve the right to terminate any link at any time.
   

5. No Professional Advice: Self Changer does not dispense medical, psychological, mental health, legal, or other professional advice. You agree to release and hold Self Changer harmless from any claims associated with professional advice. 
   

6. Violations of Law: Access to Self Changer and use of the Services in violation of any law is strictly prohibited. If we determine that you have provided or intend to purchase or provide any services in violation of any law, your ability to access Self Changer and use the Services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from you or any user providing any services that violates any law. You do hereby agree to defend, indemnify, and hold us harmless from any liability that may arise for us should you violate any law. You also agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any such claims by any party.
   

 
VIII. Indemnification

You agree to defend, indemnify, and hold harmless Self Changer, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, or consequentially resulting or allegedly resulting from your actions, or the actions of another person under your authority, including without limitation to governmental agencies, in connection with the use, misuse, or inability to use Self Changer, the Services, or the Materials, or any breach of these User Terms by you or another person under your authority. Self Changer shall promptly notify you by electronic mail of any such claim or suit, and we may cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or suit at our own expense, and choose our own legal counsel; however, we are not obligated to do so.
 
IX. Limitation of Liability

1. You discharge, acquit, and otherwise release us, our parent company, agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of Self Changer including claims relating to the following: negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property infringement, malpractice, negligence, misrepresentation, infectious disease, any financial loss not due to the fault of Self Changer, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, unavailability, inaccessibility, or technical failure of Self Changer, its functions, or the Services. This list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by you. This release is intended by the parties to be interpreted broadly in favor of Self Changer, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims. This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
   

2. We expressly disclaim any liability or responsibility to you for any of the following:
   

1. Errors, mistakes, or inaccuracies of the Materials;
   

2. Personal injury, mental/emotional distress, or property damage of any nature resulting from your access to and use of Self Changer;
   

3. Any third party’s unauthorized access to or alterations of your account, transmissions, or data;
   

4. Any interruption or cessation of transmission to or from Self Changer;
   

5. Any bugs, viruses, malware, Trojan horses, or the like that may be transmitted to or through Self Changer by any person; 
   

6. Any incompatibility between Self Changer and your other services, hardware, or software;
   

7. Any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with Self Changer; and,
   

8. Any loss or damage of any kind incurred because of the use of the Materials.
   

X. Intellectual Property

1. Trademarks: Self Changer is our brand name and trademark. We aggressively defend our intellectual property rights. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners or holders of such trademarks and service marks. All of the marks, logos, domains, and trademarks that you find on Self Changer may not be used publicly except with express written permission from Self Changer, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Self Changer.
   

2. Copyrights: The Materials are Self Changer’s proprietary information and valuable intellectual property. We retain all right, title, and interest in the Materials. Self Changer, the Materials, and our software are protected by copyright law. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of Self Changer. Modification or use of the Materials except as expressly provided in these User Terms violates Self Changer’s intellectual property rights.
   

XI. General Provisions

1. Educational Purposes: You understand and accept that Self Changer provides an entertainment and recreational service for educational purposes only. Any user accessing Self Changer or using the Services in an effort to engage in or facilitate illegal or tortious activities may be banned and reported to the appropriate law enforcement agency. Nothing contained in this section is intended to limit the scope of releases or indemnification contained elsewhere in these User Terms. 
   

2. Entire Agreement: These User Terms and any other legal notice or agreement published by us on Self Changer, forms the entire agreement between you and us concerning your use of Self Changer. It supersedes all prior terms, understandings, or agreements between you and us regarding use of Self Changer. A printed version of these User Terms and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms. Such version of these User Terms shall be utilized to the same evidentiary extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
   

3. Policies of Our Service Providers: You understand and agree that we may use certain third-party service providers to offer Self Changer to you. You understand and agree that you must agree to and abide by any User Terms, privacy policy, or other policy that such third party requires you to agree to in order to use their services. In the event of a conflict between those policies and our policies, the terms of our policies shall govern.
   

4. Assignment and Delegation: We may assign any rights or delegate any performance under these User Terms without notice to you. You will not assign, delegate, or sublicense any of your rights or duties without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
   

5. Severability: If any provision of these User Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, if the essential terms for each party remain valid, binding, and enforceable.
   

6. Cumulative Remedies: All rights and remedies provided in these User Terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
   

7. Successors and Assigns: These User Terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign its rights or delegate its performance under these User Terms.
   

8. Force Majeure: We are not responsible for any failure to perform because of unforeseen circumstances or causes beyond our reasonable control, including: Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters; pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials; failure of the telecommunications or information services infrastructure; hacking, spam, data breach, malware, or any failure of a computer, server, network, or software for so long as the event continues to delay our performance; and unlawful acts of our employees, agents, or contractors.
   

9. Notices: Any notice required to be given by us under these User Terms may be provided by email to a functioning email address of the party to be noticed, by a general posting on Self Changer, or by personal delivery via commercial carrier. Notices by customers to us shall be given by contacting us at contact_us[at]selfchanger[dot]com. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of these User Terms. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier shall be deemed delivered on the business day following mailing. Notices delivered by any other method shall be deemed given upon receipt. Either party may, by giving the other party appropriate written notice, change the designated address, email address, or recipient for any notice hereunder. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, email server, or overnight delivery service.
   

10. Communications are Not Private: Self Changer does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Self Changer, other than your Content submitted through the mobile application, shall be deemed to be readily accessible to the general public. You will not transmit any communications to Self Changer that you intend only you and the intended recipient to read. Notice is hereby given that all messages sent to Self Changer may be read by the agents and operators of Self Changer, regardless of whether they are the intended recipients of such messages.
    

11. Authorization and Permission to Send Emails to You: You authorize us to email you notices, advertisements, and other communications, including emails, advertisements, and notices. This authorization will continue until you request us to remove you from our email list. You understand and agree that even unsolicited email correspondence from us, or our affiliates, is not spam as that term is defined under the law.
    

12. Consideration: We allow you to access and use Self Changer, the Services, and the Materials in consideration for your acquiescence to all the provisions in these User Terms. You agree that such consideration is both adequate and received upon your viewing or downloading any portion of Self Changer.
    

13. Electronic Signatures: You agree to be bound by any affirmation, assent, or agreement you transmit through Self Changer. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded button, check box, or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
    

14. Revisions: From time to time, we may revise these User Terms. We reserve the right to do so, and you agree that we have this unilateral right. You agree that all modifications or changes to these User Terms are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect. We agree that if we change anything in these User Terms, we will change the “Last Updated” date at the top of these User Terms. You agree to re-visit this web page on a frequent basis, and to use the “Refresh” button on your browser when doing so. You agree to note the date of the last revision to these User Terms. If the “Last Updated” date remains unchanged from the last time you reviewed these User Terms, then you may presume that nothing in these User Terms have been changed since the last time you read them. If the “Last Updated” date has changed, then you can be certain that something in these User Terms has been changed, and you agree that you will re-review these User Terms in their entirety and that you will agree to their terms or immediately cease use of any websites covered by these User Terms.
    

15. Waiver of Right to Review Amended Terms: If you fail to re-review these User Terms as required to determine if any of the terms have changed, you assume all responsibility for such omission and you agree that such failure amounts to your affirmative waiver of your right to review the amended terms. We are not responsible for your neglect of your legal rights. 
    

16. English Language: We have written these User Terms and our associated website policies in the English language. You are representing your understanding and assent to the English language version of these User Terms as they are published. We are not liable to you or any third party for any costs or expenses incurred in translating these User Terms. In the event that you choose to translate these User Terms, you do so at your own risk, as only the English language version is binding.
    

17. Export Control: You understand and acknowledge that the software elements of the Materials on Self Changer may be subject to regulation by governmental agencies which prohibit export or diversion of software and other goods to certain countries and third parties. Diversion of such Materials contrary to U.S. or international law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities. 
    

18. No Agency Relationship: Nothing in these User Terms shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein.
    

19. Usages: In these User Terms, unless otherwise stated or the context otherwise requires, the following usages will apply:
    

1. References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.
   

2. In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”
   

3. References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.
   

4. “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.
   

5. “Including” means “including, but not limited to.”
   

20. No Waiver: No waiver or action made by us shall be deemed a waiver of any subsequent default of the same provision of these User Terms. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these User Terms.
    

21. Headings: All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these User Terms.
    

22. Other Jurisdictions/Foreign Law: We make no representation that Self Changer, the Services, or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their contents may be illegal or is otherwise prohibited. Those who choose to access Self Changer and the Services from such locations do so on their own initiative and are solely responsible for determining compliance with all applicable local laws. Nothing contained in these User Terms shall be interpreted as an admission that that Self Changer is subject to the laws of any nation besides the United States.
    

23. Service Not Available in Some Areas: You are subject to the laws of the state, province, city, country, or other legal entity in which you reside or from which you access Self Changer. THIS WEBSITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If you open an account or use Self Changer while located in a prohibited jurisdiction, you will be in violation of the law of such jurisdiction and these User Terms, and subject to having your account suspended or terminated without any notice to you. You hereby agree that Self Changer cannot be held liable if laws applicable to you restrict or prohibit your participation. Self Changer makes no representations or warranties, implicit or explicit, as to your legal right to participate in any Service offered on Self Changer, nor shall any person affiliated, or claiming affiliation, with Self Changer have authority to make any such representations or warranties. We reserve the right to restrict access to Self Changer in any jurisdiction.
    

XII. Incorporated Marketplace Terms

The following terms are required by the Apple or Google Marketplace terms for users that download Self Changer using those platforms.

1. Google Marketplace Terms: If you access Self Changer through the Google Play Store, you agree to the following additional terms of use required by Google: https://play.google.com/intl/en_us/about/play-terms.html.  
   

2. Apple App Store Terms: If you access Self Changer through Apple App Store, you agree to the following additional terms required by Apple:
   

1. The parties acknowledge that these User Terms are between you and us only, and not with Apple. We are solely responsible for Self Changer, not Apple. Nothing in these User Terms conflicts with or supersedes the Apple App Store Terms.
   

2. The license rights granted herein are limited to a non-transferrable license to use Self Changer on any Apple-branded products that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms, except that Self Changer may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
   

3. We, not Apple, are solely responsible for providing any maintenance and support services with respect to Self Changer, as specified herein, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Self Changer.
   

4. In the event of any failure of Self Changer to conform with any applicable warranty, you may notify Apple, and Apple will refund any purchase price for Self Changer to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Self Changer, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be your sole responsibility. 
   

5. We, not Apple, are responsible for addressing any claims by you or any third party relating to Self Changer or your possession or use of Self Changer, including, but not limited to: (i) product liability claims; (ii) any claim that Self Changer fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Self Changer’s use of the HealthKit and HomeKit frameworks. 
   

6. In the event of any third party claim that Self Changer or your possession and use of Self Changer infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
   

7. You represent that you (i) are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 
   

8. We may be contacted at
   

Traders Abacus, LLC
11 Iron Bluff Rd.
Lincolnville, ME 04849
contact_us[at]tradersabacus[dot]com

9. You must comply with applicable third-party terms of agreement when using Self Changer.
   

10. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. 
    

© Walters Law Group (2021). All rights reserved.

SelfChanger™ HabitApp™ © 2021 Privacy Policy & Terms and Conditions