Terms Of Use

End-User License Agreement &
Terms of Use for LifeSpot

End-User License Agreement

This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and the mentioned author Prepare Protect Defend LLC (LifeSpot) of this Software for the software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“SOFTWARE PRODUCT”).

The following three mobile applications are all part of the service provided by the LifeSpot technology: LifeSpot Commander (generally used by the local law enforcement leader), LifeSpot Responder (generally used by local law enforcement) and LifeSpot Spotter (generally used by the employees).

When the LifeSpot Spotter is activated due to an active threat, a screen will pop up to place a 911 call.  Simultaneously, the LifeSpot Spotter will report the threat and location to other organizational users of LifeSpot Spotter, the LifeSpot Commander and LifeSpot Responder.  The LifeSpot Commander and LIfeSpot Responder apps will be able to see the location of the threat and all users of the LifeSpot Spotter app. All three apps will be active and use location-based API’s.  These location-based API’s will allow local law enforcement using LifeSpot Responder to identify the exact location of the Spotters on a map. The LifeSpot Commander will display the location of both LifeSpot Spotters and LifeSpot Responders, and information to help reduce injuries and deaths from the active threat.

As a user of this app, you should be aware that if an active threat is reported in your organization, your location can and will be tracked by local emergency services.

By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bounded by the terms of this EULA.

If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.

Terms of Use for LifeSpot Spotter

By using the LifeSpot mobile software application (“App”) that is provided by Prepare Protect Defend LLC (“PPD”, “we” or “us”) or the service provided by PPD through the App (the “Service”) you agree to read, comply with, and be legally bound by: (a) these Terms of Use (“Terms”); and (b) PPD’s Privacy Policy (available at https://www.lifespotapp.com/privacy-policy/) (“Privacy Policy”).  If you do not agree to the Terms or the Privacy Policy, you may not use the App or the Service and you must delete the App from your Mobile Device.  In the event of any conflict between these Terms and the Privacy Policy, these Terms shall control.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL RESOLVE BASIS TO DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.  CAREFULLY REVIEW THE SECTION TITLED “DISPUTE RESOLUTION”  BEFORE YOU AGREE TO THESE TERMS.

1. SERVICE. The Service uses certain features of your mobile device, including near-field location services and communication functions to enable you to communicate with first responders in an active threat situation.  The App is intended as a communications tool only. THE APP AND THE SERVICE ARE NOT INTENDED TO REPLACE ANY EMERGENCY SERVICES.  RATHER, THEY ARE ONLY INTENDED TO SUPPLEMENT ANY EXISTING EMERGENCY PROCEDURES THAT HAVE BEEN IMPLEMENTED BY YOUR BUILDING OR FACILITIES MANAGER AND TO ASSIST FIRST RESPONDER PERSONNEL. YOU AGREE THAT NEITHER GOOGLE, INC., NOR APPLE INC., WILL BE RESPONSIBLE OR LIABLE FOR THE AVAILABILITY OR PERFORMANCE OF THE APP OR THE SERVICE.

2. THESE TERMS. The terms and conditions outlined in these Terms govern all matters related to your installation and use of the App and use of the Service.  These Terms may be updated and modified by us from time to time without notice to you by the posting revised Terms at https://www.lifespotapp.com.

3.  PRIVACY POLICY.  Our use and sharing of all information we collect through or in connection with the App and/or the Service is subject to the Privacy Policy.  You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

4. ACTIVATION. In order to use the App, you must input the access code provided to you by PPD or PPD’s enterprise customer that purchases a license from PPD to enable you to use the App, for example, your employer, landlord or property management company (“Enterprise Customer”).  Prior to issuance of an access code to you, the Enterprise Customer that you are affiliated with will provide certain personal information about you to us, such as your name, e-mail address and mobile phone number.  If any of such personal information changes, you will need a new access code in order to continue your use of the App, and you should contact the Enterprise Customer that you are affiliated with to update your personal information and request a new access code.  Further, your use of the App will be subject to our agreement with the Enterprise Customer. In the event that your relationship with the Enterprise Customer is terminated, PPD may disable your ability to use the App.

5. USE OF THE APP AND SERVICE; GEOGRAPHIC USE LIMITATION

   a.  Upon your acceptance of these Terms, PPD grants you a personal, revocable, limited, non-exclusive, non-transferable license to use the App on any supported Android device or iOS device that you own or control, in each case as permitted by the Usage Rules (as defined in Section 15, below) for your non-commercial use.

   b.  This license does not allow you to copy, disassemble, attempt to derive the source code of, modify, create derivative works of, rent, lease, lend, sell, redistribute or sublicense the App (either in whole or in part).

   c.   The App is designed to work only within the limited geographic area agreed upon between PPD and the applicable Enterprise Customer which will typically be the premises of the Enterprise Customer, for example, a particular school, office building or apartment complex (“Enterprise Customer Area”).  You will not be able to use the App outside of the Enterprise Customer Area.  In addition, if you change your mobile device settings in order to prohibit the App from using your location information, the App will not work properly and may be completely unusable.

   d.  You agree that you will not use the App for any of the following purposes (“Prohibited Purposes”):

  to stalk, harass, intimidate, or otherwise bother any individual;

  for the purpose of facilitating or participating in any illegal or fraudulent activity; or

  in place of emergency services, first responder training, or other similar resources; or

  in any manner that would violate the privacy rights of any individual or any applicable law; or

• to obtain unauthorized access to any information stored via the Service; or

• to provide false or misleading information to PPD or the Enterprise Customer that you are

associated with in connection with receiving an access code in order to use the App; or

• in a commercial manner, rather than for personal and non-commercial use; or

• in a manner inconsistent with these Terms or applicable law; or

• to modify the App or interfere with the Service – including any security features – for any reason, or permit or help anyone else to do so.

You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms, or any other rights thereto other than to use the App in accordance with these Terms. PPD retains sole ownership of the App, including all intellectual property rights in and to the App, and reserves all rights not expressly granted to you in these Terms.

6. OWNERSHIP RIGHTS AND LICENSE. As between you and PPD, the App, including any design, layout, logo, text, code, and graphics contained within the App (the “PPD Content”) is, and shall remain the sole property of PPD and is subject to protection under U.S. and foreign copyright laws. “Prepare, Protect, Defend,” the LifeSpot logo, the arrangement and look and feel of the App, the functionality of the App, and any other name or slogan included in the App are trademarks of PPD or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PPD.

7. LOCATION INFORMATION. The App includes functionality that permits first responders to see your mobile phone number and location of your mobile device on a map or by communicating your distance and general direction and to know when you are broadcasting your location. FOR YOUR SAFETY AND THAT OF OTHER USERS, THE APP ONLY PERMITS YOU TO SHARE YOUR LOCATION WITH FIRST RESPONDERS. THIS RESTRICTION IS INTENTIONAL AND DELIBERATE AND DESIGNED TO PROTECT YOUR LOCATION AND THE LOCATION OF OTHERS DURING AN ACTIVE THREAT SCENARIO.   YOU ACKNOWLEDGE AND AGREE THAT PPD IS NOT RESPONSIBLE OR LIABLE FOR ANY ACTS OR OMISSIONS OF FIRST RESPONDERS IN CONNECTION WITH THEIR USE OF YOUR PERSONAL INFORMATION.

8. AGE RESTRICTIONS. You may not use the App unless you are at least eighteen (18) years old. Without limiting the foregoing minimum age requirement, if PPD learns that the App or the Service has collected any information from a person under 13 years of age, PPD will take appropriate steps to delete it. If you are a parent or guardian of any person under the age of 13 and discover that your child has submitted information to PPD, you may contact us at [email protected] and ask us to remove your child’s personal information from our systems.

9. INDEMNITY. You agree to indemnify, defend, release, and hold harmless PPD (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the App or Service for any Prohibited Purpose or from your breach of any other term of these Terms.

10. TERMINATION. These Terms are effective until terminated or until you delete the App from your mobile device. Your rights under these Terms will terminate automatically without notice from PPD if you fail to comply with any term(s) of this license. Upon termination of these Terms, or in the event that your relationship with the Enterprise Customer is terminated, you shall cease all use of the App, and shall delete the App from your mobile device.  The provisions of Section 6 (Ownership Rights and License), Section 9 (Indemnity), Section 11 (No Warranty; Disclaimers; Waiver and Release), Section 12 (Limitation of Liability), Section 13 (Dispute Resolution), Section 14 (Submissions), Section 15 (Acknowledgement), Section 22 (Equitable Remedies), Section 24 (Severability) and Section 25 (Headings) shall survive the termination of these Terms for any reason. 

11. NO WARRANTY; DISCLAIMERS; WAIVER AND RELEASE.

   a.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND THE SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, THE SERVICE, AND ANY PPD CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PPD, FOR ITSELF AND ON BEHALF OF ANY THIRD PARTY USED BY PPD TO PROVIDE OR MAINTAIN THE APP, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, THE SERVICE, AND ANY PPD CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANT ABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. PPD DOES NOT WARRANT THAT THE APP, THE SERVICE OR ANY PPD CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PPD OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

   b.  YOU AGREE THAT PPD WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY TERMINATION OF YOUR ACCESS TO THE APP OR THE SERVICE.

   c. IF YOU ARE ACCESSING THE APP FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS APP OR THE SERVICE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THIS APP OR THE SERVICE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE PPD, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE APP OR  THE SERVICE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST  PPD FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF PPD AND ITS AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

   d.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THESE TERMS, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

   e.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PPD (OR ANY CONTRACTOR OF PPD INVOLVED IN THE PROVISION OR DEVELOPMENT OF THE APP) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP AND/OR THE SERVICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.  IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  IN NO EVENT SHALL PPD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED ONE HUNDRED DOLLARS ($100.00).   THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR PPD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

13. DISPUTE RESOLUTION

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

   a. EXCEPT FOR A CLAIM BY PPD AGAINST YOU CLAIMING INFRINGEMENT OR MISAPPROPRIATION OF PPD’S INTELLECTUAL PROPERTY RIGHTS, ANY AND ALL DISPUTES BETWEEN YOU AND PPD ARISING UNDER OR RELATED IN ANY WAY TO THESE TERMS MUST BE RESOLVED THROUGH BINDING ARBITRATION AS DESCRIBED IN THIS  SECTION. THIS AGREEMENT TO ARBITRATE IS INTENDED TO BE INTERPRETED BROADLY. IT INCLUDES, BUT IS NOT LIMITED TO, ALL CLAIMS AND DISPUTES RELATING TO YOUR USE OF THE APP AND THE SERVICE. THERE IS NO JUDGE OR JURY IN ARBITRATION.  YOU UNDERSTAND AND AGREE THAT BY AGREEING TO RESOLVE ANY DISPUTE THROUGH INDIVIDUAL ARBITRATION, YOU ARE WAIVING THE RIGHT TO A COURT OR JURY TRIAL. YOU ALSO AGREE THAT ALL CHALLENGES TO THE VALIDITY AND APPLICABILITY OF THE ARBITRATION PROVISION (i.e., WHETHER A PARTICULAR CLAIM OR DISPUTE IS SUBJECT TO ARBITRATION) SHALL BE DETERMINED BY THE ARBITRATOR.

   b. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND PPD ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.  YOU AND PPD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.   

   c. THE ARBITRATION WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THIS SECTION. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $10,000 OR LESS, THE AAA, YOU AND PPD MUST ABIDE BY THE FOLLOWING RULES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES. IF THE CLAIM EXCEEDS $10,000, THE RIGHT TO A HEARING WILL BE DETERMINED BY THE AAA RULES, AND THE HEARING (IF ANY) MUST TAKE PLACE IN DENVER, COLORADO. THE ARBITRATOR’S RULING IS BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. IN THE EVENT THIS AGREEMENT TO ARBITRATE IS HELD UNENFORCEABLE BY A COURT, THEN THE DISPUTES THAT WOULD OTHERWISE HAVE BEEN ARBITRATED SHALL BE EXCLUSIVELY BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN THE CITY AND COUNTY OF DENVER, COLORADO, AND YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF EACH OF THESE COURTS FOR THE PURPOSE OF LITIGATING SUCH DISPUTES.  FURTHER, YOU STILL WAIVE YOUR RIGHT TO A JURY TRIAL, WAIVE YOUR RIGHT TO INITIATE OR PROCEED IN A CLASS OR COLLECTIVE ACTION, AND REMAIN BOUND BY ANY AND ALL LIMITATIONS OF LIABILITY AND DAMAGES INCLUDED IN THESE TERMS. CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF PPD’S PATENT, COPYRIGHT, TRADEMARK, OR TRADE SECRET SHALL BE EXCLUSIVELY BROUGHT IN THE STATE AND FEDERAL COURTS LOCATED IN THE CITY AND COUNTY OF DENVER, COLORADO.

   d. The laws of the State of Colorado, excluding its conflicts of law rules that would result in the laws of a State other than Colorado, govern this license and your use of the App.

   e.  YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE.  IN ORDER TO DO SO, WITHIN 45 DAYS OF WHEN YOU FIRST DOWNLOAD THE APP, YOU MUST SEND US AN E-MAIL STATING, “REQUEST TO OPT-OUT OF AGREEMENT TO ARBITRATE” IN THE SUBJECT LINE AT THE FOLLOWING ADDRESS AND YOU MUST PROVIDE YOUR NAME AND MOBILE PHONE NUMBER IN SUCH E-MAIL:  [email protected]  IN THE EVENT YOU OPT OUT OF THE ARBITRATION PROVISION, YOU AGREE TO LITIGATE EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN THE CITY AND COUNTY OF DENVER, COLORADO, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ANY SUCH ACTION.

   f.  THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF YOUR USE OF THE APP AND THE SERVICE AND YOUR RELATIONSHIP WITH PPD. THIS ARBITRATION AGREEMENT INVOLVES INTERSTATE COMMERCE, AND, THEREFORE, SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1–16 (“FAA”), AND NOT BY STATE LAW. INFORMATION ON AAA AND HOW TO START ARBITRATION CAN BE FOUND AT WWW.ADR.ORG.

   g.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE APP OR THE SERVICE, OR YOUR DEALINGS WITH PPD MUST BE COMMENCED IN ARBITRATION WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUES.  AFTER THAT TWO (2) YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS.  IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.

14. SUBMISSIONS. You acknowledge and agree that suggestions or ideas for enhancements or changes to the App or the Service provided by you to PPD (“Feedback”) are non-confidential and shall become the sole property of PPD. PPD shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

15. ACKNOWLEDGEMENT. PPD and you acknowledge that these Terms are concluded between PPD and you only, and not with Apple, Inc. (“Apple”), or Alphabet, Inc. (“Google”) or any of their affiliated companies. PPD, and neither Google nor Apple, is responsible for the App and the content thereof. To the extent these Terms provide for usage rules for the App that are less restrictive than the usage rules set forth for the App in, or otherwise conflict with, the terms of service for Apple’s App Store, the Google Play Store or any other authorized website or service that made the App available to you for download, (the “Usage Rules”), the more restrictive or conflicting Usage Rules apply.

16. MAINTENANCE AND SUPPORT. PPD is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms (if any), or as required under applicable law. PPD and you acknowledge that neither Apple nor Google, nor any of their affiliated companies, have any obligation whatsoever to furnish any maintenance and support services with respect to the App.

17. WARRANTY. With respect to the App, PPD is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google and Apple or Google (as applicable) will refund the purchase price of the App to you; and to the maximum extent permitted by applicable law, neither Apple nor Google, nor their affiliated companies, will have any other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PPD’s sole responsibility.

18. PRODUCT CLAIMS. PPD and you acknowledge that PPD (and neither Google nor Apple nor any of their affiliated companies), is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms do not limit PPD’s liability to you beyond what is permitted by applicable law.

19. INTELLECTUAL PROPERTY RIGHTS. PPD and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, PPD (to the extent that PPD has a legal obligation to do so), not Apple or Google or any of their affiliated companies, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

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

21. PPD NAME AND ADDRESS. PPD’s contact information for any end-user questions, complaints or claims with respect to the App is [email protected]

22. EQUITABLE REMEDIES. You hereby agree that if you breach the provisions of these Terms, PPD will be irreparably damaged, and therefore you agree that PPD shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of these Terms, in addition to any other available remedies.  You also agree that any failure to exercise, or delay in the exercise of, PPD’s rights under these Terms will not constitute a waiver of such rights.

23. FORCE MAJEURE.  PPD shall not be liable for any delay in performing, or failure to perform its obligations under these Terms or the performance of the Service resulting from any cause beyond its reasonable control, including, without limitation, acts of God, fire, lightning, strikes, energy interruptions, labor disputes, natural disasters, fire, flood, storm, mud slide, earthquake, epidemics, power failure, inability to obtain equipment, supplies or other facilities, labor disputes, terrorism, criminal activity, governmental demands or requirements, inclement weather, war, declared or undeclared, or the acts of government (each, a “Force Majeure Event”). If affected by a Force Majeure Event, PPD shall be excused from performance to the extent made necessary by such event.

24.  SEVERABILITY.  If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

25.  HEADINGS. The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.

Terms of Use for
LifeSpot Responder and LifeSpot Commander

By using the LifeSpot Responder or the LifeSpot Commander mobile software and/or desktop application (each, the “App”) that is provided by Prepare Protect Defend LLC (“PPD”, “we” or “us”) or the service provided by PPD through the App (the “Service”) you agree to read, comply with, and be legally bound by: (a) these Terms of Use (“Terms”); and (b) PPD’s Privacy Policy (available at https://www.lifespotapp.com/privacy-policy/) (“Privacy Policy”).  If you do not agree to these Terms or the Privacy Policy, you may not use the App or the Service and you must delete the App from your mobile device or computer, as applicable.  In the event of any conflict between these Terms and the Privacy Policy, these Terms shall control. 

THESE TERMS AND YOUR USE OF THE APP RELATES SOLELY TO YOUR USE OF THE APP IN YOUR CAPACITY AS A MEMBER OF LAW ENFORCEMENT.  BY USING THE APP, YOU AGREE THAT YOU WON’T BRING ANY CLAIMS AGAINST PPD IN YOUR CAPACITY AS A PRIVATE CITIZEN IN CONNECTION WITH THE APP.

1. THESE TERMS. The terms and conditions outlined in these Terms govern all matters related to your installation and use of the App and use of the Service.  These Terms may be updated and modified by us from time to time without notice to you by the posting revised Terms at https://www.lifespotapp.com.

2.  PRIVACY POLICY.  Our use and sharing of all information we collect through or in connection with the App and/or the Service is subject to the Privacy Policy.  You consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

3. ACTIVATION. In order to use the App, you must input the access code provided to you by PPD or the law enforcement agency that employs you (“Sponsor”).  Prior to issuance of an access code to you, the Sponsor that you are affiliated with may provide certain personal information about you to us, such as your name, e-mail address and mobile phone number.  If any of such personal information changes, you will need a new access code in order to continue your use of the App, and you should contact the Sponsor that you are affiliated with to update your personal information and request a new access code.  Further, your use of the App will be subject to our agreement with the Sponsor.  In the event that your relationship with the Sponsor is terminated, PPD may disable your ability to use the App.

4. USE OF THE APP AND SERVICE

   a.  Upon your acceptance of these Terms, PPD grants you a personal, revocable, limited, non-exclusive, non-transferable license to use the App on any supported Android device or iOS device that you own or control, in each case as permitted by the Usage Rules (as defined in Section 13, below) for use solely in your capacity as a member of law enforcement and solely to respond to active threats experienced by LifeSpot Application users in your jurisdiction.

   b.  This license does not allow you to copy, disassemble, attempt to derive the source code of, modify,

          create derivative works of, rent, lease, lend, sell, redistribute or sublicense the App (either in whole   

          or in part).

   c.   You agree that you will not use the App for any of the following purposes (“Prohibited Purposes”):

  to stalk, harass, intimidate, or otherwise bother any individual; or

  for the purpose of facilitating or participating in any illegal or fraudulent activity; or

  in any manner that would violate the privacy rights of any individual or any applicable law; or

  in any manner that would violate the instructions, policies or procedures of your Sponsor;

  to obtain unauthorized access to any information stored via the Service; or

• to provide false or misleading information to PPD or your Sponsor in connection with receiving an access code in order to use the App; or

• in a commercial manner, rather than for use as a first responder; or

• in a manner inconsistent with these Terms or applicable law; or

• to modify the App or interfere with the Service – including any security features – for any reason, or permit or help anyone else to do so.

You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms, or any other rights thereto other than to use the App in accordance with these Terms.  PPD retains sole ownership of the App, including all intellectual property rights in and to the App, and reserves all rights not expressly granted to you in these Terms. 

5. OWNERSHIP RIGHTS AND LICENSE. As between you and PPD, the App, including any design, layout, logo, text, code, and graphics contained within the App (the “PPD Content”) is, and shall remain the sole property of PPD and is subject to protection under U.S. and foreign copyright laws. “Prepare, Protect, Defend,” the LifeSpot logo, the arrangement and look and feel of the App, the functionality of the App, and any other name or slogan included in the App are trademarks of PPD or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PPD.

6. LOCATION INFORMATION. The LifeSpot Responder App includes functionality that permits your Sponsor’s users of the LifeSpot Commander App to see your mobile phone number and location of your mobile device on a map or by communicating your distance and general direction and to know when you are broadcasting your location.

7. AGE RESTRICTIONS. You may not use the App unless you are at least eighteen (18) years old and a member of law enforcement.

8. TERMINATION. These Terms are effective until terminated or until you delete the App from your mobile device. Your rights under these Terms will terminate automatically without notice from PPD if you fail to comply with any term(s) of this license. Upon termination of these Terms, or in the event that your relationship with the Sponsor is terminated, you shall cease all use of the App, and shall delete the App from your mobile device.  The provisions of Section 5 (Ownership Rights and License), Section 9 (No Warranty; Disclaimers; Waiver and Release), Section 10 (Limitation of Liability), Section 11 (Governing Law), Section 12 (Submissions), Section 13 (Acknowledgement), Section 21 (Severability) and Section 22 (Headings) shall survive the termination of these Terms for any reason. 

9. NO WARRANTY; DISCLAIMERS; WAIVER AND RELEASE.

   a.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND THE SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, THE SERVICE, AND ANY PPD CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PPD, FOR ITSELF AND ON BEHALF OF ANY THIRD PARTY USED BY PPD TO PROVIDE OR MAINTAIN THE APP, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP, THE SERVICE, AND ANY PPD CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS.  PPD DOES NOT WARRANT THAT THE APP, THE SERVICE OR ANY PPD CONTENT, WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED, OR THAT THE SERVICE WILL BE AVAILABLE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PPD OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.

   b.  YOU AGREE THAT PPD WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY TERMINATION OF YOUR ACCESS TO THE APP OR THE SERVICE.

   c. IF YOU ARE ACCESSING THE APP FROM NEW JERSEY, YOU (I) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS APP OR THE SERVICE; (II) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THIS APP OR THE SERVICE; AND (III) EXPRESSLY AGREE TO RELEASE AND DISCHARGE PPD, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE APP OR  THE SERVICE; AND (IV) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST  PPD FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF PPD AND ITS AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.

   d.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THESE TERMS, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

   e.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PPD (OR ANY CONTRACTOR OF PPD INVOLVED IN THE PROVISION OR DEVELOPMENT OF THE APP) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP AND/OR THE SERVICE.  SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.  IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  IN NO EVENT SHALL PPD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED ONE HUNDRED DOLLARS ($100.00).   THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR PPD WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

11. GOVERNING LAW.  The laws of the state where your Sponsor is located, excluding its conflicts of law rules that would result in the laws of a different state, govern this license and your use of the App.

12. SUBMISSIONS. You acknowledge and agree that suggestions or ideas for enhancements or changes to the App or the Service provided by you to PPD (“Feedback”) are non-confidential and shall become the sole property of PPD. PPD shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

13. ACKNOWLEDGEMENT.  PPD and you acknowledge that these Terms are concluded between PPD and you only, and not with Apple, Inc. (“Apple”), or Alphabet, Inc. (“Google”) or any of their affiliated companies. PPD, and neither Google nor Apple, is responsible for the App and the content thereof. To the extent these Terms provide for usage rules for the App that are less restrictive than the usage rules set forth for the App in, or otherwise conflict with, the terms of service for Apple’s App Store, the Google Play Store or any other authorized website or service that made the App available to you for download, (the “Usage Rules”), the more restrictive or conflicting Usage Rules apply.  YOU AGREE THAT NEITHER APPLE NOR GOOGLE, WILL BE RESPONSIBLE OR LIABLE FOR THE AVAILABILITY OR PERFORMANCE OF THE APP OR THE SERVICE.

14. MAINTENANCE AND SUPPORT.  PPD is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms (if any), or as required under applicable law.  PPD and you acknowledge that neither Apple nor Google, nor any of their affiliated companies, have any obligation whatsoever to furnish any maintenance and support services with respect to the App.

15. WARRANTY.  With respect to the App, PPD is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google and Apple or Google (as applicable) will refund the purchase price of the App to you; and to the maximum extent permitted by applicable law, neither Apple nor Google, nor their affiliated companies, will have any other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be PPD’s sole responsibility.

16. PRODUCT CLAIMS. PPD and you acknowledge that PPD (and neither Google nor Apple nor any of their affiliated companies), is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. These Terms do not limit PPD’s liability to you beyond what is permitted by applicable law.

17. INTELLECTUAL PROPERTY RIGHTS. PPD and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, PPD (to the extent that PPD has a legal obligation to do so), not Apple or Google or any of their affiliated companies, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

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

19. PPD NAME AND ADDRESS. PPD’s contact information for any end-user questions, complaints or claims with respect to the App is [email protected]

20. FORCE MAJEURE.  PPD shall not be liable for any delay in performing, or failure to perform its obligations under these Terms or the performance of the Service resulting from any cause beyond its reasonable control, including, without limitation, acts of God, fire, lightning, strikes, energy interruptions, labor disputes, natural disasters, fire, flood, storm, mud slide, earthquake, epidemics, power failure, inability to obtain equipment, supplies or other facilities, labor disputes, terrorism, criminal activity, governmental demands or requirements, inclement weather, war, declared or undeclared, or the acts of government (each, a “Force Majeure Event”).  If affected by a Force Majeure Event, PPD shall be excused from performance to the extent made necessary by such event.

21.  SEVERABILITY.  If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

22.  HEADINGS. The section headings and sub-headings contained in these Terms are for convenience only and have no legal or contractual effect.