Terms of Service & License Agreement
Acknowledgement. This License Agreement is solely concluded by “You”, the end-user, and CD only, and not with Apple, Google or Microsoft. This License Agreement is non--transferable by You and is for use by You on any mobile device that You own or control as permitted by the Usage Rules set forth in the Apple App Store, Google Play and Microsoft App Store Terms of Service. Further, nothing herein abrogates or reduces Apple’s or Google’s Usage Rules or is intended to conflict with the respective App Store Terms of Service as of the Effective Date.
Features and Functions. The Application consists of a precautionary supplemental personal safety tool. You understand and agree that CD reserves the right to modify the application, and the features and functionality thereof, at any time without notice to You. You also understand and agree that the application may include advertisements and that these advertisements are necessary. You also understand and agree that the application may include certain communications from CD such as service announcements, administrative messages and other service related information, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current version of the Application shall be subject to this License Agreement. You understand and agree that the Application is provided "AS--- IS" and that CD assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the application, and that access may involve third--party fees. You are responsible for those fees. In addition, You must provide and are responsible for all equipment necessary to access the application. Equipment responsibilities are as set forth, but not limited to, those items in the User Responsibilities section herein.
Registration Obligations. In consideration of Your use of the application, You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Application under the laws of the United States or other applicable jurisdiction. If You are the parent or legal guardian of a child to whom You nonetheless make available the Application, You assume sole and complete responsibility for the obligations hereunder and for ensuring full compliance with the terms of this License Agreement. You also agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Application's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or CD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CD has the right to suspend or terminate Your account and refuse any and all current or future use of the Application (or any portion thereof).
Member Account, Password and Security. You will create security codes and personal question/answer combinations (the “Codes”) during the registration process for the Application. You are responsible for maintaining the confidentiality of the Codes and are fully responsible for all activities that occur under Your Codes. You agree to immediately notify CD of any unauthorized use of Your Codes or any other breach of security. CD cannot and will not be liable for any loss or damage arising from Your failure to comply with the provisions of this paragraph.
Acceptable Use. You agree to use the emergency alert features of the Application only for actual emergencies. By using the Application, You acknowledge that You assume sole responsibility for safe use of the Application and the service it facilitates. You are authorized to use the Application only for the purposes for which it was designed as described at www.llresponse.com. You may not use the Application in a manner which would violate any law or which facilitate or encourage anyone else to violate any law or to violate the intellectual property rights or any other rights of others.
Acceptable Use. You agree to use the LiveMap/ iknow features of the Application only for purposes of contributing to the betterment of a safe community. Inappropriate or vulgar pictures will be grounds for termination of Your subscription.
Agreement to receive messaages. You agree to receive text messages, email & in-app notifications if you downloaded the application. You also elect if part of an organization offering to receive mass notifications; if your organization determines that a organization wide message should be sent. These messages could be sent for emergency situations or any situation deemed appropriate by the purchasing organization.
Agreement to have your phone pinged. LifeLine Response & LifeLine Response Enterprise has the ability to use network-based techniques utilized through the carriers network infrastructure (Cell Towers) to identify the location of a mobile device. This is additional feature that does not use the phones GPS & is additional safety feature. This feature is exclusive & will only be activated if requested by authorized Police personnel. Regardless of State Law, upon request from authorized Police will be provided a location by communications included but not limited to verbal, email, text & fax.
Restrictions on Use. You agree that Your use of and access to the Application shall only be for lawful purposes. You agree that You shall not use any software, system, device or other technology to enable the Application to be used in any manner or for any other purpose other than as expressly permitted hereunder, including using the Application with any network other than an approved carrier or on any device that is not an Apple iPhone, a mobile phone using the android Operating system smartphone. In addition, You acknowledge that You, and not CD, are entirely responsible for all information or other materials that You upload via the Application. You agree to not use the Application to (a) upload any information that is unlawful or transmit any information contrary to the intended use of the Application or that is obscene, defamatory, offensive or malicious; (b) harm minors in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; (d) mislead any person as to Your identity or the origin of any communication transmitted through the Application; (e) intentionally transmit a false or unjustified alert through the Application; (f) intentionally or unintentionally violate any applicable local, state, national or international law or the intellectual property rights of any person or entity; or (g) provide material support or resources (or to conceal or disguise the nature, location, source or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. Additionally, You shall not (a) take any action that imposes or may impose (as determined by CD in its sole discretion) an unreasonable or disproportionately large load on CD's (or its third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Application or any activities conducted on the Application; (c) bypass any measures CD may use to prevent or restrict access to the Application (or other accounts, computer systems or networks connected to the Application); or (d) run any form of auto---responder or "spam" on the Application.
Limited License. CD hereby grants to You a non-exclusive, non- transferable, personal and limited, license to download, install and use the Application on Your mobile device (which must be an Apple iPhone or a mobile phone using the Android operating system powered smartphone) in the 50 United States (excluding its territories and possessions). This License Agreement does not allow the Application to exist on more than one device at a time. All rights not expressly granted in this License Agreement are reserved. The Application is provided in and may be used in machine--readable object code form only. No license is granted to You in the source code of the Application. This License Agreement does not authorize You to use the Application in any manner other than as set forth herein.
Proprietary Rights. CD shall have sole and exclusive ownership of all right, title, and interest in and to the Application, including all intellectual property rights related thereto, all copies thereof, all derivatives thereof, and all modifications and enhancements thereto (including ownership of all copyrights and other intellectual property rights pertaining thereto). The Application is protected by the copyright laws of the United States and international copyright treaties. This License Agreement does not provide You with title or ownership of the Application, but only a right of limited use. You further acknowledge and agree that any information contained in advertisements or other information presented to You through the Application or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by CD or the applicable licensor (such as an advertiser), You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Application or such information, in whole or in part. CD grants You a personal, non-transferable and non-exclusive right and license to use the CD Services; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Application. You agree not to modify the CD Services in any manner or form for the purpose of obtaining unauthorized access to the CD Services. You agree not to access the CD Services by any means other than through the interface that is provided by CD for use in accessing the Application.
Trademark Information. You agree that all of CD’s trademarks, trade names, service marks and other CD logos and brand features, and product and service names are trademarks and the property of CD Development, LLC (the "CD Marks"). Without CD's prior permission, You agree not to display or use in any manner the CD Marks.
Limitations on Use. You may not decompile, reverse engineer, translate, disassemble, modify, create derivative works of the Application or in any way derive from the Application any source code. You agree not to remove, alter, or obscure any product identification, proprietary, copyright, or other intellectual property notices contained or embedded within or on the Application. Further, You may not, directly or indirectly, disclose, distribute or make commercial use of the Application or incorporate the Application into Your products or software. You may not use the Application in an attempt to circumvent technological measures implemented to control the rights to and access and use of any content, files or other material made available in or through the Application. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Application (including advertisements, software and Your login information). You may not download or use the Application for the purpose of obtaining evidence to be used in a court of law in a suit against CD or any of its subsidiaries, affiliates, officers, agents, employees, partners and licensors (including any call center with which CD has contracted or other otherwise engaged to manage, facilitate or execute contact with emergency service providers and/or any “Lifeline” contacts as identified by You through the Application.
Network Limitations. Your access and use of the Application will depend on the capabilities of Your mobile device and the mobile carrier You have contracted with for mobile service. CD shall in no way be deemed responsible for a failure in performance of the Application due to network outages, failures or other interruptions of service, including attempts to use the Application while in an area that receives sporadic, limited or no coverage.
User Responsibilities. You hereby agree and understand that it is solely Your responsibility to (a) properly download and install (i) the mobile device’s operating system that is required for the proper operation of the Application and (ii) the Application from an authorized site; (b) use a compatible mobile device (which is limited to Apple iPhones, mobile phones using the Android operating system having touch screens and screens of a size of 426dp by 320dp or greater for small screens, 470dp by 320dp or greater for normal screens, 640dp by 480dp or greater for large screens and 960dp by 720 or greater for extra---large screens) that is in good working order, including, without limitation, having sufficient battery life of 20% or more and file storage space necessary for the proper operation of the Application; (c) obtain the necessary services for the proper operation of the Application from an approved mobile carrier; (d) maintain an account in good standing with an approved mobile carrier, including, without limitation, paying for any charges related to the use of Your mobile device (including, without limitation, charges related to cellular transmissions, SMS or other text messaging, and other data transmissions) even if those charges arise as a result of using the Application; (e) pay for any charges imposed by a local authority related to emergency response personnel responding to an alert initiated under Your account, regardless of whether that alert was a false alarm or based on a real crisis; (f) pay for all charges arising from the use of the Application, including, without limitation, any charges related to initiating a false or unjustified alert through the Application; and (g) properly download and install any updates to or new versions of the Application that are applicable to Your mobile device. Any use of the Application that is in violation of the guidelines noted in this Section shall be deemed a violation of this License Agreement.
Export Restrictions. You agree that You may not use or export the Application (i) except as consistent with this License Agreement and applicable United States law and (ii) into any United States embargoed country. You represent and warrant that You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist" supporting country, and that You are not listed in any United States government lists of prohibited or restricted parties.
Interstate Nature of Communications. You acknowledge that in using the Application You will be causing communications to be sent through CD’s computer networks, which may be housed in various locations throughout the United States. As a result, and also as a result of CD’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communication regardless of where You are physically located at the time of transmission. Accordingly, You acknowledge that use of the Application results in interstate data transmissions.
Contributions to CD. By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to CD through its suggestion or feedback webpages, You acknowledge and agree that: (a) Your Contributions do not contain confidential or proprietary information; (b) CD is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) CD shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) CD may have something similar to the Contributions already under consideration or in development; (e) Your Contributions automatically become the property of CD without any obligation of CD to You; and (f) You are not entitled to any compensation or reimbursement of any kind from CD under any circumstances.
Changes to the Application. You agree that CD may for any reason and without notice to You, modify or terminate, temporarily or permanently, the Application (or any part thereof) without liability to You, any other user or any third party. The Application may include functionality to automatically check for updates or upgrades. You hereby agree that CD has the right, but not the obligation, to make such updates or upgrades available to You from time to time. Such updates and upgrades shall be subject to the terms and conditions of this License Agreement unless the Application is provided to You under other or additional terms and conditions, in which case those other or additional terms and conditions (which may include the payment of additional fees) shall apply. Any outdated versions of the Application are not supported by CD and any use of any such outdated versions is at Your own risk.
Termination. You may terminate Your CD account and access to the Application by submitting such termination request to CD. You agree that CD may, without prior notice, immediately terminate, limit Your access to or suspend Your CD account and access to the Application. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of this License Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Application (or any part thereof) , (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by You in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by You in connection with the Application. Further, You agree that all terminations, limitations of access and suspensions for cause shall be made in CD's sole discretion and that CD shall not be liable to You or any third party for any termination of Your account or access to the Application. Termination of Your CD account includes any or all of the following: (a) removal of access to all or part of the offerings within the Application, (b) deletion of all related information, files and content associated with or inside Your account (or any part thereof), and (c) barring of further use of the Application.
App Renewals. IMPORTANT! If you do NOT deactivate auto renew, you will be billed the annual fee every 12 months from the date of original purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.
Indemnity. You agree to indemnify and hold CD and its subsidiaries, Educational Institutions, Hospitals, Companies that have made application available to you through retail, volume purchasing or endorsement, affiliates, officers, agents, employees, partners and licensors (including any Call Center) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Application, Your connection to the Application, Your violation of this License Agreement, or Your violation of any rights of another.
WARRANTY DISCLAIMER. THE APPLICATION IS PROVIDED BY CD AS A SUPPLEMENTARY SAFETY MEASURE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOU ASSUME SOLE RESPONSIBILITY FOR THE SAFE USE OF THE APPLICATION AND FOR THE SAFETY OF YOURSELF AND ANYONE YOU CONTACT USING THE APPLICATION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK & IS SOLEY OFFERED TO HELP SUPPLEMENT YOUR SAFETY.
(B) THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLANDESTINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (INCLUDING ANY CALL CENTER) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON---INFRINGEMENT.
(C) THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE APPLICATION REMAINS WITH YOU. CLANDESTINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (INCLUDING ANY CALL CENTER) MAKE NO WARRANTY THAT (i) THE APPLICATION WILL MEET YOUR REQUIREMENTS; (ii) THE CLANDESTINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR---FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR EXPECTATIONS; AND (v) THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR---FREE OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED.
(D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLANDESTINE OR THROUGH OR FROM THE APPLICATION, INCLUDING ANY INFORMATION OBTAINED FROM ANY CALL CENTER, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS LICENSE AGREEMENT.
(E) THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT ("UCITA") AS ENACTED IN ANY STATE SHALL NOT APPLY TO THIS LICENSE AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW UCITA IS HEREBY EXCLUDED IN ITS ENTIRETY FROM APPLICATION TO THIS LICENSE AGREEMENT.
(F) INDOOR POSITIONING IS INTEGRATED INTO THIS APPLICATION BUT IS MADE AVAILABLE & PROVIDED THROUGH EDUCATIONAL, HOSPITALS, COMPANIES WIFI NETWORK. WIFI NETWORKS ARE SUBJECT TO EXTREME OUTAGES AND YOU AGREE THAT YOU EXPRESSLY ACKNOWLEDGE THIS AND UNDERSTAND THAT CLANDESTINE DOES NOT CONTROL THESE NETWORKS AND OFFERS NO AUDIT OR ASSURANCE ANY RELIABILITY. WIFI NETWORKS ARE ALSO KNOWN TO HAVE "DEAD ZONES" WHERE WIFI CAN NOT PENETRATE SUCH AS STAIRWELLS, ROOFS, BASEMENTS, LOADING DOCKS. IN DEAD ZONES INDOOR POSITIONING IS NOT AVAILABLE. IT IS THE USERS SOLE RESPONSIBILITY TO KNOW DEAD ZONES ON FACILITIES GROUNDS PRIOR TO USE.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT NOT PROHIBITED BY LAW, CLANDESTINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (INCLUDING ANY CALL) SHALL NOT BE LIABLE TO YOU FOR ANY PERSONAL INJURY OR PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLANDESTINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE APPLICATION; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (d) ANY OTHER MATTER RELATING TO THE APPLICATION. CD has no responsibility for providing You with connectivity to the Internet, wireless access, or any other telecommunications services necessary for You to receive or interact with the Application. You assume sole responsibility for enabling and keeping active the location tracking features (e.g. Location Services, GPS, etc.) of Your mobile device when You are using the Application, and in no event shall CD be responsible for any damages resulting from Your failure to do so. You assume sole liability for any damages arising from Your modifications or attempts to modify the Application.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS LICENSE AGREEMENT CONSTITUTE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS, THE FEES FOR THE APPLICATION AND THE TERMS IN THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, IN NO EVENT SHALL ANY DIRECTOR, EMPLOYEE, AGENT, DISTRIBUTOR, SUPPLIER, INDEPENDENT CONTRACTOR OF CLANDESTINE OR ANY AFFILIATES OF CLANDESTINE HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS LICENSE AGREEMENT OR THE APPLICATION.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Third Party Software. You acknowledge that use of the Application may require software that is licensed, sold and/or provided to You by third parties and is included on Your mobile device ("Third Party Software"). Notwithstanding any other provision of this License Agreement to the contrary, this License Agreement shall not be deemed to apply to any Third Party Software and such Third Party Software is subject to the terms and conditions of the license agreement between You and the licensor of the Third Party Software.
Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that CD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers in the Application.
Links. The Application may provide links to websites, services or resources. When You access third party websites, services or resources, You do so at Your own risk. You acknowledge and agree that CD is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource.
Third Party Beneficiary. You understand, acknowledge and agree that Apple & Google are third-party beneficiaries to this License Agreement. Upon Your acceptance of this License Agreement, Apple & Google will have the right (and will be deemed to have accepted the right) to enforce this License Agreement against You as a third-party beneficiary of this License Agreement. You agree that, except as noted above, there shall be no other third-party beneficiaries to this License Agreement.
Amendment. Except as prohibited by applicable law, CD may, in its sole discretion, change, modify, add or remove portions of this License Agreement at any time. CD may notify You of any such changes to this License Agreement by but not limited to email, regular mail, SMS, MMS, text message, postings within the Application or other reasonable means now known or hereafter. Such notices may not be received if You violate this License Agreement by accessing the Application in an unauthorized manner. Your continued use of the Application following notice of such change, modification or amendment shall be deemed to be Your acceptance of any such modification. If You do not agree to any modification of this License Agreement, You must immediately cease using the Application. Your agreement to this License Agreement constitutes Your agreement that You are deemed to have received any and all notice that would have been delivered had You accessed the Application in an authorized manner.
Notice. Except as otherwise provided in this License Agreement, all notices or other communications hereunder shall be deemed to have been duly given when made in writing and delivered. In addition to the foregoing, CD may, at its option, give You any notice under this License Agreement electronically. Electronic notice to You shall be deemed to have been duly given when transmitted to an address furnished by You to CD. If You do not provide and maintain current contact information for purposes of such notices, You acknowledge that CD will be unable to provide notice to You hereunder.
Force Majeure. Notwithstanding any other provision of this License Agreement, neither party shall be in default or breach of this License Agreement for failure to fulfill its obligations when due to or contributed by causes beyond its reasonable control. An act of Force Majeure shall be deemed to include: an act of god such as without limitation a fire, flood, earthquake, epidemic, volcanic eruption, adverse weather conditions, storm, hurricane or other natural disaster, a strike, lock---out, labor dispute; war, invasion, act of foreign enemy hostilities (whether war has been declared or not), civil war rebellion revolution insurrection or military or usurped power, terrorism, act of sabotage, civil disturbance, blockade, riot, civil commotion, malicious damage, interruption or failure of electricity, power supply, interruption or failure of the internet or other telecommunication facility, network or means of telecommunication, computer virus, or bug, third---party computer infiltration, attack by a hacker, governmental restriction, or any other act or circumstance that materially increases or affects the risk or danger to the health or safety of members of the public.
Injunctive Relief. You acknowledge that a violation of this License Agreement may cause irreparable harm to CD, and You agree that, in addition to other remedies provided by law, CD shall be entitled to seek injunctive relief against any such violation without having to post a bond.
Enforceability. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof.
Choice of Law and Forum. You and CD each agree that this License Agreement and the relationship between the parties shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this License Agreement, or the relationship between You and CD, shall be brought exclusively in the courts located in Cook County, Illinois or the U.S. District Court for the Northern District of Illinois. You and CD agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois or the Northern District of Illinois, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Entire Agreement. This License Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and there are no provisions, understandings, communications, representations, warranties, undertakings, collateral agreements or other agreements between the parties relating to the Application other than as set forth herein. This License Agreement supersedes any prior or contemporaneous provisions, understandings, communications, representations, warranties, undertakings, collateral agreements or other agreements between the parties, whether oral or written, with respect to the subject matter hereof, and You acknowledge that You have not relied on any of the foregoing in agreeing to enter into this License Agreement. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other CD services, affiliate services, third---party content or third---party software.
Assignment. CD may assign this License Agreement without notice to You. You shall not assign this License Agreement without the prior written consent of CD and any assignment without CD’s prior written consent shall be of no effect. CD may perform all obligations to be performed hereunder directly or may have some or all of the obligations performed by contractors or subcontractors or any of its affliates.
Waiver and Severability of Terms. The failure of CD to exercise or enforce any right or provision of this License Agreement shall not constitute a waiver of such right or provision. If any provision of this License Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this License Agreement remain in full force and effect.
Termination of this License Agreement. Your rights under this License Agreement shall terminate automatically if You fail to comply with any of the terms and conditions of this License Agreement. No notice shall be required from CD to effectuate such termination. In addition, CD may terminate this License Agreement and/or immediately cease to provide the Application without any liability whatsoever by providing You with notice of at least thirty (30) days. CD shall not have any liability to You arising from or related to the termination of this License Agreement in accordance with the terms hereof. Upon termination for any reason, You must cease to use and must delete the Application from Your mobile device.
No Right of Survivorship and Non-Transferability. You agree that Your CD account is non-transferable and any rights to Your CD ID or contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application or this License Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in this License Agreement are for convenience only and have no legal or contractual effect.
Violations. Please report any violations of this License Agreement to firstname.lastname@example.org
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
BY INDICATING YOUR ACCEPTANCE BY DOWNLOADING, INSTALLING, ACTIVATING AND/OR USING THE APPLICATION, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE & LICENSE AGREEMENT. IF YOU ARE UNWILLING TO AGREE TO THE TERMS OF SERVICE AND LICENSE AGREEMENT, THEN YOU ARE NOT AUTHORIZED TO USE THE APPLICATION
Effective Date: October 21, 2014