Terms and Conditions Last Updated: October [30], 2020 The following Terms of Use are a binding agreement between you (“MEMBER”) and TG-17, Inc., (doing business as “Our Bond”) (“Company” or, together with the Related Parties, as defined below, “Service Provider”) and govern MEMBER’s use of the Company applications, products and services provided through the Company mobile application and any related website (collectively, “Service” or “Services”). READ THESE TERMS AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICE. PLEASE NOTE: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS AND USING SERVICE PROVIDER’S SERVICES HEREUNDER, MEMBER EXPRESSLY WAIVES THEIR RIGHT TO BRING CLAIMS OUTSIDE OF ARBITRATION, CLAIMS FOR NON-INDIVIDUALIZED RELIEF (INCLUDING PARTICIPATING IN A CLASS ACTION) AND TO TRIAL BY JURY. IF MEMBER DOES NOT AGREE TO THESE TERMS OF USE, MEMBER MAY NOT ACCESS OR OTHERWISE USE THE SERVICE. LIMITATION OF LIABILITY: AS FURTHER DETAILED HEREIN, IF COMPANY OR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS, INDEPENDENT CONTRACTORS OR SUBCONTRACTORS (COLLECTIVELY, “RELATED PARTIES”) ARE FOUND LIABLE FOR ANY LIABILITIES, EXPENSES, LOSSES, COSTS, DEFICIENCIES, FINES, PENALTIES, JUDGMENTS, OR DAMAGES (INCLUDING CONSEQUENTIAL OR PUNITIVE DAMAGES) OF ANY KIND OR NATURE, OR OUT OF POCKET LEGAL OR OTHER EXPENSES INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES (COLLECTIVELY, “LOSSES”) DUE TO ITS NEGLIGENCE, NEGLIGENCE PER SE, BREACH OF WARRANTY, VIOLATION OF ANY CONSUMER PROTECTION STATUTE OR FAILURE TO PERFORM ITS OR THEIR OBLIGATIONS UNDER THIS AGREEMENT, THE MAXIMUM LIABILITY (INCLUDING, WITHOUT LIMITATION, JOINT AND SEVERAL LIABILITY) WILL BE TWO THOUSAND AND FIVE HUNDRED DOLLARS ($2,500.00). THIS AMOUNT IS THE AGREED UPON DAMAGES, IS NOT A PENALTY, AND SHALL BE THE CUSTOMER’S EXCLUSIVE REMEDY. TO THE FULL EXTENT PERMITTED BY LAW, MEMBER ASSUMES THE RISK OF LOSSES, INCLUDING TO PERSONAL PROPERTY AND PERSONAL INJURY (INCLUDING DEATH), AND MEMBER HEREBY WAIVES ANY AND ALL RIGHTS OF RECOVERY IN EXCESS OF $2,500 FOR ANY CLAIM, ACTION OR CAUSE OF ACTION AGAINST THE SERVICE PROVIDERS FOR ANY LOSSES ARISING FROM OR RELATED TO SERVICES. FURTHER, MEMBER RELEASES AND WAIVES FOR THEMSELVES AND THEIR INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST SERVICE PROVIDERS ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS, DAMAGE OR INJURY. MEMBER UNDERSTANDS AND AGREES THAT THE SERVICES MAY NOT PERFORM AS EXPECTED I. ASPIRATIONAL GOALS OF THE SERVICES A. In accordance with these Terms of Use, Service Provider is committed to providing the Services, when currently available to MEMBER. Please keep in mind that not all of the Services are available in all areas or at all times.
  1. In high-risk situations, Command Center operators may offer to intervene using a video-calling feature within the app, which allows operators to appear on screen to assist in warding off suspicious individuals or aggressors.
  2. When notified by MEMBER of an emergency, Service Provider will share relevant data with emergency responders to enable them to determine the nature or location of the threat and/or respond to MEMBER’s emergency situation.
  3. Service Provider can provide tools to monitor the real time location of family members and personal contacts, subject to their permission and consent. Members can receive notifications whenever their loved ones enter or exit locations specified by the member via push notifications, in-app notifications, SMS or phone call. Members are also able to notify their personal network of their own whereabouts
  4. The Service has tools that can allow Command Center operators to summon local transportation providers, which can assist the member in reaching a safe destination of their choosing. MEMBER may also elect to be connected with temporary bodyguard services using the Service. The transportation, bodyguard, and all other in-person services offered by Service Provider through the Service (collectively, “In-Person Services”) are subject to availability in the MEMBER’s area. All In-Person Services may be provided by a subcontractor or independent contractor connected through Company.
  5. The Service contains tutorials providing practical guidelines to interacting with Service Provider services, including:
    1. How to trigger Service Provider’s application tools.
    2. How best to interact and follow advice from Command Center operators.
    3. A wide-range of operating procedures.
  6. THE MEMBER is responsible for reviewing and being familiar with all tutorials.
II. WHAT MEMBERS CANNOT EXPECT FROM THE SERVICES
  1. MEMBER should not stop or reduce other safety practices due to their Company membership or access to Services.
  2. Service Provider cannot ensure the MEMBER’s safety. MEMBER cannot expect that the Services will keep MEMBER safe from potential attackers, criminal activity or other dangerous situations.
  3. The Services are designed to assist members with the intention (but not the guarantee) of reducing the likelihood of unsafe situations materializing or worsening. However, the Service (including without limitation, bodyguard services) cannot exclude or eliminate all risk of harm.
  4. Service Provider maintains the sole discretion not to deploy its employees or Related Parties into potentially dangerous situations. Service Provider will work with local authorities (911, police, emergency respondents) to send the appropriate party(s) to assist MEMBER.
  5. Service Provider has no control over and cannot guarantee the response time of any emergency responders or other public authorities or its personnel. Not all locations have equal access to public authorities and other external partners or In-Person Services. MEMBER should be aware of MEMBER’s location at all times with respect to potential response times.
  6. Service Provider is not responsible for the safety of MEMBERS or non-members.
  7. MEMBER cannot expect all Service Provider issued notifications, applications, data, and tools to be entirely error-free. The Services rely on predictive analytics that may be inaccurate.
  8. MEMBER cannot expect that the Services are provided by Company employees. Company utilizes independent contractors and subcontractors to provide the Services to Members, including, but not limited to, connecting MEMBERS to bodyguards sourced through reputable bodyguard companies, to car services, and to telemedicine providers.
  9. MEMBERS may connect to a third-party telemedicine provider [and its network of physicians] through the Services. MEMBERS cannot expect that offering the Services creates a doctor/patient relationship between Company and MEMBER. Company disclaims all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider accessible or connected to MEMBER via the Services.
III. SERVICE DESCRIPTION; GRANT OF LIMITED LICENSE USAGE RIGHTS; OWNERSHIP OF SERVICE All software provided in connection with the Service is licensed hereunder by Company to the MEMBER solely to enable use of and access to the Service. Subject to MEMBER’s full and continued compliance with these Terms of Use, Company grants MEMBER a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Service for the license term as agreed upon by MEMBER. Company may, in its sole discretion, change the functions and capabilities of the Service at any time. MEMBER acknowledges and agrees that Company retains all rights, title, and interests (including without limitation patent rights, copyright rights, trademark rights, and other intellectual property and proprietary rights) in and to the Service and related documentation and computer code, including, without limitation, all copies, modifications, translations and other derivative works that duplicate or are based on the Service or components thereof. MEMBER acknowledges that the Service is proprietary to Company and that Company reserves all rights not expressly granted herein and no other rights and licenses are granted or deemed to be granted hereunder. By its usage of the Service, MEMBER expressly agrees to these Terms of Use and the  Privacy Policy IV. LIMITED WARRANTY; OTHER PRECAUTIONS A. LIMITED WARRANTY
  1. Service Provider is committed to servicing its members in a manner consistent with general industry standards. Service Provider will endeavor in good faith to provide the Services as described in this agreement.
B. OTHER PRECAUTIONS
  1. It is MEMBER’s responsibility to provide true, complete and accurate information to Service Provider when registering for or utilizing the Services, and to keep that information up-to-date at all times. Failure to provide Service Provider with accurate information, including your correct legal name, may impair the effectiveness of the Services.
  2. The Service are not failsafe and Service Provider cannot guarantee that notifications will be sent, received or read by Service Provider or MEMBER. Service Provider’s products and the Services depend upon cellular service for operation, transmission, communication and determination of location. If MEMBER is in an area with little or no cellular service or conditions that otherwise prevent the effective operation of the cellular networks used by Service Provider, including faulty or failed equipment, weather conditions, power outages, upgrade or maintenance work, radio frequency and/or cellular battery failure, there may be interruptions or delays in the Service. Similarly, Service Provider cannot guarantee delivery times for In-Person Services, the performance of which may be interrupted or delayed by weather, traffic, and other adverse conditions. Service Provider is not liable for any interruptions or delays impacting its products or Services and may not be aware of such interruptions or delays without notice from MEMBER. Accordingly, the Service should be used as only one of several precautions that MEMBER takes related to personal safety.
  3. MEMBER acknowledges that Service Provider may be subject to applicable laws and industry standards designed to reduce false alarms and that may result in practices and procedures that delay either the notification of emergency responders or verification procedures in response to any notice of an emergency. IF SERVICE PROVIDER REASONABLY BELIEVES THAT NO EMERGENCY CONDITION EXISTS, IT MAY ELECT, AT ITS OWN DISCRETION, NOT TO DISPATCH EMERGENCY AUTHORITIES, FOLLOW THE NOTIFICATION OR OTHER VERIFICATION PROCEDURES UTILIZED, AND/OR OTHERWISE PROVIDE THE SERVICES CONSISTENT WITH THIS AGREEMENT.
  4. MEMBER acknowledges that the provision of certain Services may be restricted or prohibited in or around particular environments, including, for example, airports, aircraft, hospitals, war zones, or areas in which there is civil unrest. Service Provider maintains sole authority to refuse to provide or modify any portion of the Services in its sole discretion.  MEMBER agrees to comply with all such restrictions. Further, MEMBER agrees to immediately notify Service Provider of any interruption, error, restriction or problem with its product or Service.
V. MEMBER CONTENT; MEMBER RESPONSIBILITIES; MEMBER REPRESENTATIONS AND WARRANTIES; RESTRICTIONS ON USE, PROHIBITED USES A. USER RESPONSIBILITIES
  1. MEMBER is solely and exclusively responsible for all of MEMBER’s activity in connection with the Service.
  2. MEMBER is responsible for obtaining all insurance coverage that MEMBER believes is necessary to protect MEMBER (including any family members or dependents), and MEMBER’s residence, belongings or business, including coverage for personal injury (including death) and property damage.  THE PAYMENTS MEMBER MAKES UNDER THIS AGREEMENT ARE NOT RELATED TO THE VALUE OF THE MEMBER, MEMBER’S POSSESSIONS, MEMBER’S RESIDENCE(S) OR THE PERSONS OCCUPYING MEMBER’S RESIDENCE(S), BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND TAKE INTO CONSIDERATION THE PROTECTIONS AFFORDED TO SERVICE PROVIDER UNDER THIS AGREEMENT.  MEMBER, on behalf of itself, its family members and all other parties who may have an interest in MEMBER’s safety and security hereby releases Service Provider, its members, stockholders, officers, employees and contractors from any liability for any event or condition customarily covered by homeowner’s, life, disability or business insurance, as applicable. MEMBER acknowledges that Service Provider’s products and services are designed to reduce, but not eliminate, certain risks. Service Provider does not guarantee that its services or products will prevent injury, loss, or damage to person or property, and Service Provider assumes no liability for those risks.
  3. As part of the Services, MEMBER may receive communications through the Services, including messages that Service Provider sends MEMBER (for example, via SMS). BY PARTICIPATING IN THE SERVICES, MEMBER AGREES TO RECEIVE COMMUNICATIONS FROM SERVICE PROVIDER, AND REPRESENTS AND WARRANTS THAT BY PROVIDING A WIRELESS PHONE NUMBER TO SERVICE PROVIDER, MEMBER CONSENTS TO RECEIVE COMMUNICATIONS FROM SERVICE PROVIDER. In addition to any fee of which MEMBER is notified, MEMBER’s mobile provider’s standard messaging rates may apply to confirmation SMS, MMS or other text messages (each a “Text Message”) and all subsequent Text Message correspondence. Message and data rates may apply, according to MEMBER’s individual rate plan provided by MEMBER’s wireless carrier. Under no circumstances will Service Provider be responsible for any text messaging or wireless charges incurred by MEMBER or by a person that has access to MEMBER’s wireless device or telephone number. If MEMBER’s carrier does not permit text alerts, MEMBER may not receive the Text Messages from Service Provider. Text Message services are provided on an AS IS basis.
B. NO INTERFERENCE
  1. MEMBER’s use of the Service shall not unreasonably interfere with use of the Service by other members. MEMBER understands and agrees that Service Provider shall have the sole right to decide whether MEMBER is in violation of any of the restrictions set forth in this Section, and Service Provider shall have the right to terminate MEMBER’s access at any time and for or no any reason.
C. USER CONTENT
  1. Any information or content posted or transmitted through the Service is the sole responsibility of the person from whom such content originated, and MEMBER accesses all such information and content at MEMBER’s own risk. MEMBER is responsible for all content MEMBER contributes, in any manner, to the Service, and MEMBER represents and warrants that MEMBER has all rights necessary to do so, in the manner in which MEMBER contributes it. MEMBER will keep all registration information accurate and current. MEMBER is responsible for all its activity in connection with the Service.
D. LICENSE TO USER CONTENT
  1. Anything MEMBER posts, uploads, shares, stores, or otherwise provides through the Service is MEMBER’s “User Content.” In order to display User Content on the Service, and to allow other members to have access to it (where applicable), MEMBER hereby grants Company a license to translate, modify, copy, store, make use of, reproduce and/or otherwise act with respect to such User Content. MEMBER agrees that the licenses MEMBER grants are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. MEMBER’s ownership of User Content is not affected.
  2. If MEMBER shares User Content publicly on the Service and/or in a manner that more than just MEMBER can view, (each of the foregoing, “Public User Content”), then MEMBER grants Service Provider the licenses above, as well as a license to display, perform, and distribute MEMBER’s Public User Content for the purpose of making that Public User Content accessible to other members and providing the Service necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Content in connection with the Service and/or otherwise in connection with Service Provider’s business. Also, MEMBER grants all other members of the Service a license to access that Public User Content, and to use and exercise all rights in it, as permitted by the functionality of the Service.
  3. If MEMBER provides Service Provider (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Service (“Feedback”), MEMBER grants Company the licenses above to such Feedback at no cost to Service Provider.
  4. MEMBER agrees that notwithstanding any rights of publicity, privacy or otherwise (whether or not statutory) anywhere in the world, and without any further compensation or right of MEMBER to review or approve any of the following permitted uses, Service Provider may and is hereby authorized (1) to photograph, videotape, film and otherwise record MEMBER (including MEMBER’s voice, image, likeness and appearance) in any audio, visual, multi-media or other format (collectively, “Recordings”), and (2) to publish, display, perform, transmit, broadcast, distribute and otherwise use and exploit the Recordings, in whole or in part, with or without modification, in any medium or technology now known or hereafter conceived, but only for purposes related to providing and/or improving Service Provider’s Services (such as, for example: providing call center and other member services; and conducting internal training and quality assurance purposes). FOR CLARITY, SERVICE PROVIDER SHALL NOT TRANSFER, DISCLOSE OR USE RECORDINGS THAT REVEAL ANY PERSONALLY IDENTIFIABLE INFORMATION FOR ANY OTHER COMMERCIAL PURPOSE (SUCH AS, FOR EXAMPLE, IN PROMOTIONAL, MARKETING OR ADVERTISING MATERIALS), EXCEPT WITH MEMBER’S WRITTEN CONSENT OR AS EXPRESSLY PERMITTED IN COMPANY’S PRIVACY POLICY.
  5. Service Provider reserves the right to remove any User Content from the Service at any time, for any reason or for no reason at all. MEMBER, not Service Provider, remains solely responsible for all Content that MEMBER uploads, posts, emails, transmits, or otherwise disseminates using, or in connection with, the Service, and MEMBER warrants that MEMBER possesses all rights necessary to provide such content to Service Provider and to grant Service Provider the rights to use such information in connection with the Service and as otherwise provided herein.
  6. MEMBER shall indemnify, defend and hold Service Provider harmless from all claims, losses, litigation, judgments and liens arising, directly or indirectly, from content provided by MEMBER.
E. CERTAIN PROHIBITED USES
  1. MEMBER may not: (1) use the Services for the benefit of a third-party or non-member except as necessary to facilitate MEMBER’s direct use; (2) post or transmit through the Service, or cause to be posted or transmitted through the Service, any communication or solicitation designed or intended to obtain password, account, or private information from any person; (3) use the Service to violate the security of any computer network, crack passwords or security encryption codes; (4) run Maillist, Listserv, any form of auto-responder, or “spam” on the Service, or any processes that run or are activated while MEMBER is not logged on to the Service, or that otherwise interfere with the proper working of or place an unreasonable load on the Service’s infrastructure; (5) use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Service; or (6) engage in any messaging or telephone calling through the Service in violation of any relevant laws or regulations (which may include and are not limited to, the Telephone Consumer Protection Act and the Do Not Call provisions of the Telemarketing Sales Rule).
F. USER REPRESENTATIONS AND WARRANTIES
  1. MEMBER represents, warrants and agrees that (a) MEMBER will access the Service solely for their individual, personal purposes (including those of any linked MEMBERS sharing the account); (b) MEMBER’s account or access to Services will not be transferred to or used on behalf of a third-party or non-member; (c) MEMBER will not remove any copyright, proprietary rights or other notice included in or on any portion of the Service, computer code or documentation; (d) MEMBER will not distribute, transmit, display, disclose, divulge, reveal, report, publish or transfer the Service to any third-party or reproduce or create derivative works based upon the Service or any portion thereof; and (e) neither MEMBER nor anyone else will attempt to reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to discover the source code of the Service.
  2. MEMBER represents, warrants and agrees that MEMBER will not use the Service in a manner that (a) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third-party; (b) violates any law, statute, ordinance or regulation; (c) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, false, obscene, libelous, or otherwise objectionable; (d) involves commercial activities and/or sales without Service Provider’s prior written consent, including without limitation contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including without limitation any employee or representative of Service Provider; or (f) contains a virus, Trojan horse, worm, time bomb, or other harmful computer code, file, or program. MEMBER shall defend and indemnify Service Provider, its members, stockholders, officers, employees and contractors from all LOSSES, claims, liens, judgments or suits arising, directly or indirectly from a breach of this section.
  3. MEMBER shall not transfer or assign this Agreement without Company’s express written consent. However, Company may assign or transfer this Agreement or subcontract its obligations hereunder at any time without MEMBER’s consent. If Company assigns, transfers or subcontracts its obligations pursuant to this Agreement, the assignee, transferee, and/or subcontractor shall have all of Company’s rights articulated hereunder. Company shall not be responsible for the products or services of any third-party, including any assignee, transferee, and/or subcontractor.
G. THIRD PARTY CONTENT
  1. The Service may contain links or connections to third-party websites, content or services that are not owned or controlled by Company (including, without limitation, those related to bodyguard services, telemedicine and car services or otherwise provided by Related Parties). When MEMBER accesses third-party websites or content, or uses third-party services (including those provided by Related Parties), it accepts that there are risks in doing so. Company encourages members to be aware when they leave the Service and to read the terms and conditions and privacy policy of each third-party website or service that they visit or utilize. MEMBER ACKNOWLEDGES AND AGREES THAT: (A) MEMBER ASSUMES ALL OF THE RISK RELATING TO SUCH THIRD-PARTY WEBSITES, CONTENT OR SERVICES; (B) MEMBER UNDERSTANDS THAT SUCH THIRD-PARTY WEBSITES, CONTENT OR SERVICES IS NOT BEING PROVIDED BY OR FOR COMPANY; AND (C) COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH, SUCH THIRD PARTY WEBSITES, CONTENT OR SERVICES.
H. THIRD PARTY IP RIGHTS
  1. Company reserves the right not to monitor User Content and reserves the right to delete or disable content at any time and for any reason.
VI. PAYMENT TERMS Services may be provided as free trial or a Paid Service.  If MEMBER wishes to use the Paid Service, MEMBER must pay all applicable fees for such Paid Service.
  1. Paid Services. Certain Services are subject to payments now or in the future (the “Paid Services”).  Please see Company’s Paid Services pagefor a description of the current Paid Services. Please note that any payment terms presented to in the process of using or signing up for a Paid Service are deemed incorporated into part of these Terms of Use.
  2. Company uses a third-party payment processor (the “Payment Processor”) to bill MEMBER through a payment account linked to MEMBER’s account on the Services (MEMBER’s “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Use. Company is not responsible for errors made by the Payment Processor. By choosing to use Paid Services, you agree to pay Company, through the Payment Processor, all charges at the prices then in effect for use of any such Paid Services in accordance with the applicable payment terms and MEMBER authorizes Company, through the Payment Processor, to charge MEMBER’s chosen payment provider (MEMBER’s “Payment Method”). MEMBER agrees to make payment using that selected Payment Method. Company reserves the right to correct any errors or mistakes made by the Payment Processor even if it has already requested or received payment.
  3. Payment Method. The terms of MEMBER’s payment will be based on MEMBER’s Payment Method and may be determined by agreements between MEMBER and the financial institution, credit card issuer or other provider of MEMBER’s chosen Payment Method. If Company, through the Payment Processor, does not receive payment then MEMBER agrees to pay all amounts due on the Billing Account upon demand.
  4. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by MEMBER. By choosing a recurring payment plan, MEMBER acknowledges that such Services have an initial and recurring payment feature and MEMBER accepts responsibility for all recurring charges prior to cancellation. COMPANY MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY OR ANNUALLY) WITHOUT FURTHER AUTHORIZATION FROM MEMBER, UNTIL MEMBER PROVIDES PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT THEY HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE MEMBER’S PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE COMPANY COULD REASONABLY ACT. TO TERMINATE AUTHORIZATION OR CHANGE PAYMENT METHOD, MEMBER MUST SEND COMPANY AN EMAIL AT [email protected]
  5. Current Information Required. MEMBER MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR MEMBER’S BILLING ACCOUNT INCLUDING A CURRENT E-MAIL ADDRESS. MEMBER ACKNOWLEDGES THAT IF THEY DO NOT PROVIDE A CURRENT E-MAIL ADDRESS, THE PAYMENT PROCESSOR MAY NOT BE ABLE TO SEND BILLING RECEIPTS. MEMBER MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP HIS/HER BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND MUST PROMPTLY NOTIFY COMPANY OR ITS PAYMENT PROCESSOR IF PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF MEMBER’S USER NAME OR PASSWORD.  IF MEMBER FAILS TO PROVIDE ANY OF THE FOREGOING INFORMATION, MEMBER AGREES THAT COMPANY MAY CONTINUE CHARGING MEMBER FOR ANY USE OF PAID SERVICES UNDER MEMBER’S BILLING ACCOUNT UNLESS MEMBER HAS TERMINATED THE PAID SERVICES AS SET FORTH ABOVE.
  6. Change in Amount Authorized. If the amount to be charged to MEMBER’s Billing Account varies from the pre-authorized amount (other than amounts arising from the imposition or change in the amount of state sales taxes), MEMBER has the right to receive, and Company shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement MEMBER has with their payment provider will govern MEMBER’s use of the Payment Method. Member agrees that Company may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
  7. Auto-Renewal for Paid Services. Unless MEMBER opts out of auto-renewal, which can be done by selecting “Switch to Free Services” from the Subscription menu, any Paid Services MEMBER has signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current, non-promotional rate. To change or resign MEMBER’s Paid Services at any time, MEMBER must go to the subscription menu and select “Switch to Free Services”. If MEMBER terminates a Paid Service, MEMBER’s subscription will revert to the free version immediately, and MEMBER will be refunded a portion of the unused subscription on a prorated basis. IF MEMBER DOES NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY OR ANNUAL BASIS, MEMBER MUST CANCEL THE APPLICABLE PAID SERVICE BY GOING TO THE SUBSCRIPTION MENU AND SELECTING “SWITCH TO FREE SERVICES” OR TERMINATING  MEMBER’s ACCOUNT BEFORE THE END OF THE RECURRING TERM.
  8. Reaffirmation of Authorization. MEMBER’s non-termination or continued use of a Paid Service reaffirms that Company is authorized to charge MEMBER’s Payment Method for that Paid Service. Company may submit those charges for payment and MEMBER will be responsible for such charges. This does not waive Company’s right to seek payment directly from MEMBER. MEMBER’s charges may be payable in advance, in arrears, per usage, or as otherwise described when MEMBER initially selected to use the Paid Service.
VII. TERMINATION A. TERMINATION BY USER
  1. MEMBER may stop using the Service at any time by contacting Company at [email protected] Please refer to Company’s Privacy Policy, as well as the licenses above, to understand how Company treats information MEMBER provides to Company after MEMBER has stopped using the Service.
B. TERMINATION BY COMPANY
  1. Company, in its sole discretion, may at any time terminate (or suspend access to) MEMBER’s use of the Service or MEMBER’s account, including for MEMBER’s breach of these Terms of Use. Company has the sole right to decide whether MEMBER is in violation of any of the restrictions set forth in these Terms of Use. Company has no duty to retain MEMBER’s Content, data, and information after termination.
C. EFFECTS OF TERMINATION
  1. Provisions that, by their nature, should survive termination of these Terms shall survive termination including, without limitation, any obligation MEMBER has to pay (g.“Payment Terms”) or indemnify (e.g. “Indemnity and Disclaimers”) Service Provider, any limitations on Service Provider’s liability, any terms regarding ownership or intellectual property rights (e.g. “Service Description; Grant of Limited License; Ownership of Service”), and terms regarding disputes (e.g. “Dispute Resolution”), “MEMBER’s Representations and Warranties,” and “General.”
VIII. INDEMNITY AND DISCLAIMERS A. DISSATISFACTION WITH SERVICE; TERMS OF USE
  1. MEMBER’s only right with respect to any dissatisfaction with any modifications to these Terms of Use, or any policies or practices of Service Provider, including, without limitation, (i) any change in the content of the Service, or (ii) any change in the amount or type of license fees, if any, is to terminate use of the Service. There shall be no reimbursement of feed paid prior to termination.
B. INDEMNIFICATION
  1. This Agreement is intended only for MEMBER’s benefit. Therefore, to the fullest extent permitted by law, MEMBER agrees to indemnify, defend, hold harmless and release Service Provider from liability and shall reimburse Service Provider for any LOSSES incurred in connection with any claims, suits, judgments and causes of action which relate to Service Provider’s products or services (including the Service). This duty to defend and indemnify includes, without limitation, claims brought by any third-party, including, without limitation, MEMBER’s insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability. The duty to defend and indemnify applies even in the case of Service Provider’s negligence or breach of warranty.
  2. MEMBER WAIVES ANY RIGHTS THAT MEMBER’S INSURANCE CARRIER OR OTHERS CLAIMING THROUGH MEMBER MAY HAVE AGAINST SERVICE PROVIDER, INCLUDING ANY RIGHTS OF SUBROGATION.
C. NOT MEMBER’S SOLE MEANS OF PERSONAL PROTECTION
  1. This Agreement is intended only for MEMBER’s benefit. Therefore, to the fullest extent permitted by law, MEMBER agrees to indemnify, defend, hold harmless and release Service Provider from liability and shall reimburse Service Provider for any LOSSES incurred in connection with any claims, suits, judgments and causes of action which relate to Service Provider’s products or services (including the Service). This duty to defend and indemnify includes, without limitation, claims brought by any third-party, including, without limitation, MEMBER’s insurance company, whether the claim arises under contract, warranty, negligence, or any other theory of liability. The duty to defend and indemnify applies even in the case of Service Provider’s negligence or breach of warranty.
  2. MEMBER WAIVES ANY RIGHTS THAT MEMBER’S INSURANCE CARRIER OR OTHERS CLAIMING THROUGH MEMBER MAY HAVE AGAINST SERVICE PROVIDER, INCLUDING ANY RIGHTS OF SUBROGATION.
D. 9 – 1 – 1
  1. MEMBER can dial 9-1-1 at any time using MEMBER’s mobile phone. The Service is not the same as dialing 9-1-1. THE MEMBER SHOULD ALWAYS DIAL 9-1-1 IF MEMBER BELIEVES MEMBER OR OTHERS TO BE IN DANGER OR AT RISK OF BODILY HARM OR SUSPECT CRIMINAL ACTIVITY.
E. LIMITED TO ENGLISH LANGUAGE
  1. MEMBER acknowledges that although Company is using reasonable efforts to expand languages supported by the Service, it does not currently support any language other than English. MEMBER’s only right with respect to dissatisfaction with Company, including languages supported by the Service, is to terminate use of the Service.
F. USER AUTHENTICATION; INTERACTION WITH OTHER USERS
  1. Company cannot and does not represent that any MEMBER is the person who he or she claims to be. MEMBER’s interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such interactions, are solely between MEMBER and such organizations and/or individuals and at MEMBER’s own risk. MEMBER should make whatever investigation MEMBER feels necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. MEMBER agrees that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
G. WARRANTY DISCLAIMER
  1. EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE INCLUDING ALL CONTENT, USAGE OF THE SERVICE, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF IS PROVIDED “AS IS”, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, INTEGRATION, QUIET ENJOYMENT, COURSE OF PERFORMANCE OR USAGE OF TRADE ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. Company MAKES NO WARRANTIES AS TO ANY INFORMATION, CONTENT OR MATERIALS IN MADE AVAILABLE THROUGH THE SERVICE, OR AS TO THE POSSIBLE USES OF ANY OF THE FOREGOING, EVEN IF Company IS MADE AWARE OF ANY PARTICULAR USE(S). THE PRODUCT IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE REQUIRING FAIL-SAFE CONTROLS.
H. CERTAIN LIABILITY EXCLUSIONS
  1. MEMBER ACKNOWLEDGES THAT NEITHER Company NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS IS AN INSURER OF OR AGAINST ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR. MEMBER ACKNOWLEDGES AND AGREES THAT IT IS EXTREMELY DIFFICULT TO CALCULATE THE ACTUAL DAMAGES, IF ANY, WHICH MAY RESULT FROM Company’S ALLEGED FAILURE TO PERFORM THE SERVICES DUE OR FROM THE OPERATION OF ITS PRODUCTS, DUE TO, AMONG OTHER THINGS, THE: (A) UNCERTAIN AND/OR UNKNOWN PECUNIARY VALUE OF ANY INJURY, DAMAGE OR LOSS INVOLVING MEMBER OR THEIR PROPERTY; (B) UNCERTAIN AND/OR UNKNOWN RESPONSE TIMES OF EMERGENCY RESPONDERS; (C) INABILITY TO ASCERTAIN WHAT PORTION, IF ANY, OF AN ALLEGED INJURY WAS PROXIMATELY CAUSED BY THE Company’S ALLEGED FAILURE TO PERFORM THE SERVICES OR FAILURE OF THE PRODUCTS; AND (D) THE GENERAL NATURE OF THE PRODUCTS AND SERVICES. MEMBER FURTHER ACKNOWLEDGES THAT THE PAYMENTS MEMBER MAKES UNDER THIS AGREEMENT ARE NOT RELATED TO THE NET WORTH, VALUE OR EARNING CAPACITY OF THE MEMBER OR THEIR PROPERTY, BUT RATHER ARE BASED ON THE COST OF THE SYSTEM AND THE SERVICES, AND SPECIFICALLY TAKE INTO CONSIDERATION THE LEGAL PROTECTIONS AFFORDED TO COMPANY UNDER THIS AGREEMENT. THEREFORE, COMPANY EXPRESSLY DENIES AND DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT, INCLUDING LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE OF ANY DEGREE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER THEORIES OF LIABILITY.
  2. Company SHALL NOT BE LIABLE FOR ANY USE OF OR RELIANCE ON THE SERVICE UNDER ANY CIRCUMSTANCES, OR FOR ANY INTERRUPTION, UNAVAILABILITY OF OR ERROR IN THE SERVICE OR ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICE, EVEN IF CAUSED BY, Company’S NEGLIGENCE AND OR FAILURE TO ISSUE ALERTS OR NOTICES. Company WILL NOT BE LIABLE FOR ANY FAILURE OF OR DELAY IN PERFORMANCE DIRECTLY OR INDIRECTLY CAUSED BY ACTS OR OMISSIONS OF THE MEMBER (OR ANY OTHER MEMBERS AFFILIATED OR ASSOCIATED WITH MEMBER’S ACCOUNT) OR ANY OTHER THIRD PARTY. MEMBER AGREES TO ASSUME ALL OF THE RISKS IN USING THE Company SERVICE, WHETHER KNOWN OR UNKNOWN, INCLUDING WITHOUT LIMITATION, THE RISK THAT THE SERVICE OR THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE WILL BE INTERRUPTED, UNAVAILABLE, INACCURATE OR INCOMPLETE. Company MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT MEMBER WILL BE CONTACTED BY ANY COMMERCIAL PARTY OR GOVERNMENTAL AUTHORITY OR THAT IF CONTACTED, THE INFORMATION PROVIDED WILL BE ACCURATE. Company RESERVES THE SOLE RIGHT TO MODIFY OR DISCONTINUE THE SERVICE AT ANY TIME WITH OR WITHOUT NOTICE TO MEMBER. Company WILL NOT BE LIABLE TO MEMBER OR ANY THIRD PARTY SHOULD Company EXERCISE SUCH RIGHT. MEMBER ACKNOWLEDGES THAT Company HAS NO CONTROL OVER THE CONDUCT OF ANY COMMERCIAL PARTY OR GOVERNMENTAL AUTHORITY OR OTHER THIRD PARTIES OR FOR THE ACCURACY OF THEIR NOTIFICATIONS. Company SHALL NOT BE LIABLE FOR THE ACCURACY OR DELIVERY TIME OR CONTENT OF NOTIFICATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, Company SHALL HAVE NO LIABILITY WHATSOEVER FOR THIRD PARTIES WHO ARE NOT Company MEMBERS.
  3. IF Company OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE DUE TO ITS OR THEIR NEGLIGENCE, THE FAILURE TO PERFORM ITS OR THEIR OBLIGATIONS UNDER THIS AGREEMENT IN ANY RESPECT AT ALL, BREACH OF WARRANTY, OR PRODUCT FAILURE, THE MAXIMUM LIABILITY (INCLUDING JOINT AND SEVERAL LIABILITY) WILL BE $250.00. THIS AMOUNT IS THE AGREED UPON DAMAGES, IS NOT A PENALTY AND SHALL BE THE MEMBER’S EXCLUSIVE REMEDY.  THIS LIMITATION OF LIABILITY SPECIFICALLY COVERS LIABILITY FOR: (1) LOST PROFITS; (2) LOST OR DAMAGED PROPERTY; (3) GOVERNMENTAL FINES AND CHARGES; (4) CLAIMS OF THIRD PARTIES; AND (5) ANY AND ALL TYPES OF DAMAGES, INCLUDING: DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND PUNITIVE.
  4. MEMBER ACKNOWLEDGES AND AGREES THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE REGARDING ANY IN-PERSON SERVICES (A) UNLESS AND UNTIL THE PROVIDER OF THE IN-PERSON SERVICE (WHETHER AN EMPLOYEE, CONTRACTOR, SUBCONTRACTOR, OR OTHER AFFILIATE) HAS ARRIVED AT MEMBER'S LOCATION AND MADE DIRECT CONTACT WITH MEMBER OR (B) AT ANY TIME AFTER THE IN-PERSON SERVICE PROVIDER HAS COMPLETED THE ENGAGEMENT AND LEFT MEMBER'S LOCATION. FOR AVOIDANCE OF DOUBT, IN-PERSON SERVICES SHALL NOT INCLUDE, AND COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR, ANY SERVICES THAT ARE THE SAME AS OR SIMILAR TO ANY IN-PERSON SERVICES OFFERED BY COMPANY (INCLUDING WITHOUT LIMITATION, BODYGUARD SERVICES) BUT WHICH ARE PROVIDED PURSUANT TO AN ARRANGEMENT MADE DIRECTLY BETWEEN MEMBER AND THE PROVIDER OF SUCH SERVICES, OUTSIDE OF THE COMPANY-PROVIDED SERVICE.
I. LIMITATION OF LIABILITY GENERALLY
  1. IN NO EVENT SHALL EITHER PARTY BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL (INCLUDING WITHOUT LIMITATION ANY ERROR OR DAMAGE ATTRIBUTABLE TO ANY NETWORK, SYSTEM, ACTS OF GOD OR ACTS OF GOVERNMENTS), (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, OR (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL. IN NO EVENT SHALL EITHER PARTY BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT FOR DIRECT DAMAGES, IN THE AGGREGATE, IN EXCESS OF $100.
  2. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE PROCEEDING PARAGRAPH SHALL APPLY REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF THE PARTY AGAINST WHOM DAMAGES ARE SOUGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY, NOTHING IN THIS SECTION SHALL LIMIT A PARTY’S LIABILITY FOR DAMAGES ARISING FROM PERSONAL BODILY INJURY (INCLUDING DEATH), WILLFUL MISCONDUCT OR FRAUD, ANY BREACHES OF “RESTRICTIONS ON USE; PROHIBITED USES” OR “FEES,” OR ANY EXCLUSION OR LIMITATION OF LIABILITY THAT IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW.
  3. MEMBER must bring any claim arising out of this Agreement or related to the products or services (including the Services) provided by Company within one (1) year after the date on which the claim arose or the shortest duration permitted under applicable law if such period is greater than one (1) year. If MEMBER does not, MEMBER waives, to the extent permitted by law, all rights MEMBER may have with respect to such claim and Company shall not have any liability to MEMBER relative to that claim.
IX. DISPUTE RESOLUTION – ARBITRATION PROVISIONS PLEASE READ THIS SECTION CAREFULLY. THE ARBITRATION CLAUSE, JURY WAIVER, SEVERABILITY PROVISION AND THE REST OF THIS SECTION ARE IMPORTANT PARTS OF THE AGREEMENT BETWEEN MEMBER AND COMPANY. These Terms of Use are governed by and will be construed under the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof. Any and all claims between MEMBER and Company shall be finally arbitrated: (1) in English; (2) in accordance with the Consumer Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect; (3) in the MEMBER’s state of residence; (4) at Company’s expense to the extent required by law; (5) pursuant to the Federal Arbitration Act; (6) by one arbitrator who shall: (a) be selected from the appropriate list of JAMS arbitrators in accordance with such Rules; (b) have sole authority to decide any question concerning the scope, applicability, enforceability, revocability, and/or validity of this arbitration agreement; and (c) be barred from presiding over any class, collective, or representative action, consolidating multiple claimants’ cases or awarding any non-individualized relief (“Class Action Waiver”). The arbitrator shall have no authority to consider or resolve any claim or issue relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any claim or issue relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Any arbitration will take place on an individual basis. Class arbitrations, class actions, representative actions, any other form of collective action or consolidated proceedings are not permitted. MEMBER UNDERSTANDS AND AGREES THAT BY ENTERING INTO THESE TERMS, MEMBER AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If the above Class-Action Waiver is found to be unenforceable or invalid, any class or representative claims would proceed exclusively in state or federal courts located in Boston, Massachusetts. Under no circumstances shall any class or representative claims proceed in arbitration. To the extent the Class Action Waiver is valid, claims subject to the Class Action Waiver shall go forward in individual arbitration (as described above) and any such claims shall be stayed pending resolution of the individual arbitration. X. GENERAL Company has the right at any time to modify these Terms of Use. Any modification is effective upon posting a notice of the change via the Service, or immediately upon notice by electronic mail. MEMBER’s continued use of the Service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). These Terms of Use (including the Privacy Policy) constitute the entire agreement between MEMBER and Company, and supersedes all prior agreements, whether written or oral. Failure by Company to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. MEMBER may not assign, delegate or transfer these Terms of Use or his or her rights or obligations hereunder in any way (by operation of law or otherwise) without Company’s prior written consent. Company may transfer, assign, or delegate these Terms of Use and Company’s rights and obligations without consent. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. MEMBER understands and agrees to be responsible for any additional charges, including false alarm fines or fees, telephone signal transmission or mobile data, and other services. A. UNITED STATES LAWS AND REGULATIONS
  1. The Service is operated from Service Provider servers in the United States. MEMBER is responsible for compliance with the laws, rules and regulations of the jurisdiction in which it is located. In no event shall MEMBER use the Service in any location where such use is prohibited or restricted by local law or where Service Provider would incur a tax or fee obligation that would not be paid by MEMBER. In the event such a tax or fee is incurred by Service Provider, MEMBER agrees to reimburse Company for such tax and fee. MEMBER may not use or export the Service or the products thereof in violation of United States laws and regulations, including, without limitation, export administration regulations. Service Provider may assign this Agreement in its sole discretion at any time.
B. USE BY CHILDREN
  1. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. Anyone may download the application at no charge, but Service Provider implements reasonable age-screening to prevent children under 13 from registering for the Services without parental consent. The services are intended only for individuals over age 13 . Service Provider does not knowingly collect or solicit personally identifiable information from a child under 13 without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information Company requires to collect in order to obtain Parental Consent (“Required Information”). Until Service Provider has received Parental Consent, Service Provider will only use Required Information for the purpose of obtaining Parental Consent. If any individual is a child under 13, please do not attempt to send any personal information about the child to Service Provider before Service Provider obtains Parental Consent, except for the Required Information in the context of the Parental Consent process. If MEMBER believes that a child under 13 has provided Service Provider with personal information (beyond the Required Information) without Service Provider’s obtaining Parental Consent, please contact Company at [email protected].
XI. APPLE TERMS AND CONDITIONS These Terms of Use apply to use of all the Service, including the applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), with the following additional terms also applying to the Application:
  1. Both MEMBER and Company acknowledge that the Terms are concluded between MEMBER and Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  2. The Application is licensed to MEMBER on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for MEMBER’s private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Service;
  3. MEMBER will only use the Application in connection with an Apple device that MEMBER owns or controls;
  4. MEMBER acknowledges and agrees that Apple has no obligation whatsoever to furnish any maintenance and support service with respect to the Application;
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, MEMBER shall promptly notify Apple of such failure; upon notification, Apple’s sole warranty obligation to MEMBER will be to refund to MEMBER the purchase price, if any, of the Application;
  6. MEMBER acknowledges and agrees that Company, and not Apple, is responsible for addressing any claims MEMBER or any third-party may have in relation to the Application;
  7. MEMBER acknowledges and agree that, in the event of any third-party claim that the Application or MEMBER’s possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. MEMBER represents and warrants that it is not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that MEMBER is not listed on any U.S. Government list of prohibited or restricted parties;
  9. Both MEMBER and Company acknowledge and agree that, in MEMBER’s use of the Application, MEMBER will comply with all applicable third-party terms of agreement which may affect or be affected by such use; and
  10. Both MEMBER and Company acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and that upon MEMBER’s acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against MEMBER as the third-party beneficiary hereof.
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