Please read this Snap Eighteen End User License Agreement ("EULA") carefully before downloading or using the Dunn-Carabali LLC. ("Dunn-Carabali") mobile application ("Snap Eighteen"), which allows You to access Dunn-Carabali’s internet-delivered service ("Subscription Service") from Your mobile device. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively "You" or "Your") and Dunn-Carabali (each separately a "Party" and collectively the "Parties") as of the date you download the Snap Eighteen. Your use of the Snap Eighteen is subject to this EULA and Your use of the Subscription Service will remain subject to the existing agreement governing such use (the "Subscription Agreement"). With respect to the use of the Snap Eighteen, and to the extent the Subscription Agreement conflicts with this EULA, the terms of this EULA will govern and control solely with respect to use of the Snap Eighteen.
1. License. Dunn-Carabali grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Snap Eighteen for Your personal and internal business purposes strictly in accordance with this EULA and the Subscription Agreement.
2. Your Account. Your use of the Snap Eighteen requires that You have an account with Dunn-Carabali and agree to the terms of the Subscription Agreement.
3. Changes to this EULA. Dunn-Carabali reserves the right to modify this EULA at any time and for any reason. Dunn-Carabali will post the most current version of this EULA at https://snapeighteen.com/EULA.html. If Dunn-Carabali makes material changes to this EULA, You will receive notification via the Snap Eighteen. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at Dunn-Carabali’s website even if these updated terms appear online at Dunn-Carabali’s website before being posted on the Snap Eighteen. Your continued use of the Snap Eighteen after Dunn-Carabali publishes notice of changes to this EULA indicates Your consent to the updated terms.
4. No Included Maintenance and Support. Dunn-Carabali may deploy changes, updates, or enhancements to the Snap Eighteen at any time. Dunn-Carabali may provide maintenance and support for the Snap Eighteen, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Snap Eighteen) nor Google (for Android Snap Eighteen) has an obligation to furnish any maintenance or support services in connection with the Snap Eighteen.
5. Acceptable Use. You agree that You will not use or encourage others to use the Snap Eighteen or the Subscription Service as accessed through the Snap Eighteen in a way that could harm or impair others’ use of the Snap Eighteen or the Subscription Service. Your use of the Subscription Service and the Snap Eighteen is governed by the Acceptable Use Policy (a current version of which can be found at https://snapeighteen.com/termsUsePolicy.html). You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Snap Eighteen on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Snap Eighteen on an Android product. Any violation will result in account termination.
6. Privacy. In order to operate and provide the Subscription Service and the Snap Eighteen, Dunn-Carabali may collect certain information about You, including technical and telemetry data related to your use of the Snap Eighteen. We use third party service providers to help us collect and analyze this data, including Google Analytics. Dunn-Carabali uses and protects that information in accordance with the Dunn-Carabali Privacy Notice (a current version of which can be found at https://snapeighteen.com/privacyPolicy.html).
7. Consent to Electronic Communications and Solicitation. By downloading the Snap Eighteen, You authorize Dunn-Carabali to send You (including via email and push notifications) information regarding the Subscription Service and the Snap Eighteen, such as: (a) notices about Your use of the Subscription Service and the Snap Eighteen, including notices of violations of use; (b) updates to the Subscription Service and Snap Eighteen and new features or products; and (c) promotional information and materials regarding Dunn-Carabali's products and services. You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the "Push Notifications" section of the Snap Eighteen settings.
8. No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SMARTSHEET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Snap Eighteen is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Snap Eighteen is solely Your responsibility, and downloading the Snap Eighteen is done at Your own risk. Dunn-Carabali does not represent or warrant that the Snap Eighteen and Your device are compatible or that the Snap Eighteen will work on Your device.
8.1 iOS Application. In the event of Dunn-Carabali’s failure to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Snap Eighteen. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
8.2 Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Suspension and Termination of the Snap Eighteen. Dunn-Carabali reserves the right to suspend or terminate Your access to the Snap Eighteen at any time based on the status of Your account under the Subscription Agreement. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the Subscription Service.
10. Intellectual Property Rights. In the event of a third party claim that the Snap Eighteen, or Your possession and use of the Snap Eighteen, infringes third party’s intellectual property rights, Dunn-Carabali will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11. Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a "terrorist supporting" country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Snap Eighteen to or use the Snap Eighteen in any such country.
12. Governing Law. This EULA shall be governed by and construed in accordance with the laws governing Your Subscription Agreement.
13. Contact Information. If You have any questions regarding this EULA, please contact Dunn-Carabali by email at support@snapeighteen.com.
14. Third Party Beneficiaries. This EULA is executed between You and Dunn-Carabali and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the Snap Eighteen will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third party beneficiary thereof. Dunn-Carabali is not responsible for any applicable third-party agreement between You and Your any third-party, including your wireless provider.
Last Updated February 2025.