This Terms of Use (the “Agreement”, “Terms of Use” or “TOU”) applies to the AeoDyn, LLC gaming application (the “App”) provided by AeoDyn, LLC (“AeoDyn” or “our”) and is made between the person who uses the App (“you”) and AeoDyn. If you do not agree to any part of these Terms of Use, your only recourse is to discontinue use of the App.

You agree and acknowledge that your use of the App is being provided as part of the beta testing of the App. As a beta tester for the App, you agree and acknowledge that the Application is in its initial form and that the App has not been made commercially available to the public. Due to the current status of the App, you agree and acknowledge that the App is being provided “as-is” with all faults and that there are no warranties or representations made regarding the App. Further, you agree and acknowledge that use of the App is being provided to you in return for your feedback regarding the App.

By continuing to use the App, you agree as follows:

•You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
•You will use the App in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by AeoDyn from time to time; and
•You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.
•You agree and acknowledge that the App is currently in a beta-testing stage. You accept the use of the App with all faults and “as-is”.


AeoDyn grants you a single, non-exclusive, non-transferable, non-sublicensable, non-commercial, limited personal license to access and use the App. This license is conditioned on your continued compliance with the terms and conditions in this Agreement and, if required, payment for use of the App. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the App and, if you sell or otherwise transfer a device on which the application is installed to a third party, you must remove the App from such device before doing so. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).


Any communications or material of any kind that you email, post, or otherwise transmit to AeoDyn using the App, including data, questions, comments, or suggestions (your “Communications”) will become the property of AeoDyn. You hereby grant an exclusive, commercial, royalty-free, fully paid-up license to AeoDyn to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information. You further agree that your use of the App is being provided at a discounted rate as the App is in beta-testing stage and that your feedback will be used to improve the App prior to it being provided to the public.


You agree to be bound by any affirmance, assent, or agreement you transmit to AeoDyn using the App, including but not limited to any consent you give to receive communications from AeoDyn solely through electronic transmission. You agree that, when in the future you click on an “I agree”, “I consent”, or other similarly worded “button” or entry field in the App, your agreement or consent will be instantly legally binding and enforceable and the legal equivalent of your handwritten signature.


Electronic communications using the App may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and AeoDyn or between you and other parties, including, but not limited to, through the App.

We reserve the right to disclose your personal information as required by law (including, but not limited to, complying with a subpoena, bankruptcy proceedings, comply with a judicial proceeding, court order or similar legal process), when we believe that disclosure is necessary to protect our rights, to protect your safety or the safety of others, to investigate fraud, or if you dispute a charge that was made to use the App.

In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our business assets, you agree and acknowledges that your personal information will likely be among the assets transferred.

With the exception of the foregoing, we will not sell or share your personal information with anyone except as stated in this Agreement or in any Privacy Policy, including any terms that are added to this Agreement or a Privacy Policy in the future.


Disclaimer of Warranties. Neither AeoDyn nor any other party involved in creating, producing, or delivering the App makes any representations about the suitability of the content of this App for any purpose, nor that your use of the App will be uninterrupted or error-free. EVERYTHING IN THE APP IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.


Limitation of Liabilities. Neither AeoDyn nor any other party involved in creating, producing, or delivering the App assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the App or your downloading of any materials, data, text, images, video, or audio from this App. Your use of the App is at your risk. NO SUCH PARTY SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE APP. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE APP.


Content Submitted or Made Available for Inclusion in the App. Any solicited or unsolicited communication or material that you transmit by electronic mail or otherwise (“Communications”), including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary except in the case of solicited communications if it is specifically stated otherwise in writing. Any solicited or unsolicited communication or material that you transmit or post may be used by AeoDyn or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, distribution or posting except for in the case of solicited communications if it is specifically stated otherwise in writing. Furthermore, AeoDyn will be free to use any ideas, concepts, know-how, or techniques contained in any solicited or unsolicited communication or material that you send to the App for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information without any compensation to you.

Notices. AeoDyn may give notice to its users by means of a general notice on this App, electronic mail to a user’s email address on its records, or by written communication sent by first class mail to a user’s address on its records.


International Use. None of the products or underlying information or technology available at this App may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the App, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify AeoDyn against any and all costs, liabilities, losses, or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.


Monitoring, Copying, Altering or Interfering with the App. You agree that you will not use any robot, spider, crawler, screen scraper, automated query program or other automatic device or manual process to monitor or copy the content contained in the App without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the App. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our App or any websites we operate without the prior expressed written permission of AeoDyn or the appropriate third party.


General Information. These terms and conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state courts located in Denver County, Colorado and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provisions of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then the provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.


Ownership of the Site, Content, and Trademarks. The App, any website we operate, and Content is owned and controlled by AeoDyn and unless otherwise agreed in writing, all materials in the App or on any website we operate, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by AeoDyn. The Content is intended solely for your personal, non-commercial use. You may not download and/or copy any of the Content without permission from AeoDyn unless such permission is explicitly from us. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded and/or copied Content is transferred to you as a result of any such downloading and/or copying. You may not reproduce, publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, and/or otherwise use the Content for any public or commercial purpose. AeoDyn also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. AeoDyn does not permit use of any data mining, robots, scraping, and/or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of AeoDyn and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on any website we operate or in the App grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such website or the App.


As-Is. THE APP, USER COMMUNICATIONS, AND ANY CONTENT PROVIDED VIA THE APP, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AEODYN DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE APP, USER COMMUNICATIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, AEODYN DOES NOT REPRESENT OR WARRANT THAT THE APP, USER COMMUNICATIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE APP IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR SERVICES WILL BE AVAILABLE. AS A CONDITION OF YOUR USE OF THE APP, YOU WARRANT TO AEODYN THAT YOU WILL NOT USE THE APP FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE. IN ADDITION, THE APP MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. AEODYN THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE.


Limitation of Liability. AEODYN AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE APP, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU AGREE AND ACKNOWLEDGE THAT AEODYN LIABILITY FOR ANY REASON IS LIMITED TO $100.00 OR WHAT YOU HAVE PAID TO AEODYN IN THE SIX MONTHS PRIOR TO LIABILITY BEING INCURRED, WHICHEVER IS LESS. Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.


Termination of Agreement by AeoDyn. AeoDyn may terminate this Agreement at any time. Without limiting the foregoing, AeoDyn shall have the right to immediately terminate your use of this App in the event of any conduct by you that AeoDyn, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.


Waiver. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.


Headings. The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof.


Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.


Governing Law; Venue and Jurisdiction. By using the App, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and AeoDyn. You agree not to commence or prosecute any action in connection therewith other than in the state courts of Colorado located in Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.


Indemnity. You agree to indemnify and hold AeoDyn, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with any use of the App, your conduct in connection with the App, or with other users of the App, or any violation of this Agreement or of any law or the rights of any third party.


No Assignment. No modification or amendment of this Agreement shall be valid unless in writing.


Successors and Assigns. Rights and obligations created by this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.


Number and Gender. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders.


Definitions and Constructions. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in this Agreement with the initial letter(s) capitalized will have the meaning attributed to them in this Agreement.


Electronic Communications. You consent to receive electronic communications from AeoDyn either in the form of email sent to you at the email address listed on your account or by communications posted on the App. You acknowledge and agree that any electronic communication in the form of such email or posting on the App shall satisfy any legal requirement that such communication be in writing.


Future Use of the App. You agree and acknowledge that AeoDyn may terminate the use of the App in a beta stage at any time. If AeoDyn terminates the use of the beta stage App, it may require that you download the non-beta version of the App which may include fees to use at that time.