THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. THIS APP IS NOT INTENDED TO REPLACE ANY EMERGENCY SERVICES BUT TO ACT AS A CONVENIENCE AND SUPPLEMENT TO EXISTING PROCEDURES.
Provided you agree to, and comply with, these Terms, PPD grants you a license to use the App on your mobile device. If you do not agree with or are not willing to comply with any portion of these Terms, do not download or use the App.
1. SERVICE. The App provides an intelligent service that uses certain features of your mobile device, including near-field location services and communication functions to assist in certain situations (the “Service”). Regardless of the version of the App that you use, all versions are intended as a communications tool only. NO VERSION OF THE APP IS PROVIDED WITH THE INTENT TO REPLACE ANY EMERGENCY SERVICES. THE APP IS ONLY INTENDED TO SUPPLEMENT 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 ANY SERVICE PROVIDED THROUGH IT.
2. ACCEPTANCE OF 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 and supersede all other agreements, representations, warranties and understandings with respect to the App.
3. REGISTRATION AND SERVICE. To use the Service, you must download and install the App (“Account”). In most cases, you will have been provided with an account number or access code to activate the features of the App by an employer, landlord, building manager, or other institution (“Enterprise User”). Your continued use of the App will be subject to our agreement with the Enterprise User. In the event that your relationship with the Enterprise User is terminated, your access to the App will continue but may not receive any support, corrections, updates, upgrades, bug fixes and/or enhancements of the App that we provide to the Enterprise User (each an “Update”).
4. USE OF THE APP AND SERVICE.
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 PPD 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. SAFETY. The App includes functionality that permits others to visualize your location (your mobile device) on a map or by communicating your distance and general direction and to know when you are broadcasting your location and with the ability to limit the duration of such broadcast. YOU SHOULD ONLY SHARE SUCH INFORMATION WITH THOSE THAT YOU TRUST. FOR YOUR SAFETY AND THAT OF OTHER USERS, THE APP ONLY PERMITS YOU TO SHARE YOUR LOCATION WITH USERS THAT HAVE DOWNLOADED THE LIFESPOT CONTROL VERSION OF THE APP. THIS RESTRICTION IS INTENTIONAL AND DELIBERATE AND DESIGNED TO PROTECT YOUR LOCATION AND THE LOCATION OF OTHERS DURING AN ACTIVE THREAT SCENARIO. YOU SHOULD NEVER DISCLOSE YOUR LOCATION VIA THE COMMUNICATIONS FEATURES OF THE APP EXCEPT TO A FIRST RESPONDER.
7. AGE RESTRICTIONS. The App is intended for use by persons thirteen (13) years old or older only. You may not download or use the App if you are twelve (12) or younger unless the App is downloaded and installed on your device by your parent or legal guardian. If you are a parent or legal guardian of a person under the age of thirteen (13) that has downloaded the App without your consent, please uninstall the App from the device. This will delete any information about that user. We do not collect any personally identifiable information about users except in an active threat scenario.
8. 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 any other term of this Agreement.
9. TERMINATION. These Terms are effective until terminated by you or PPD. 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 you shall cease all use of the App, and destroy all copies, full or partial, of the App.
10. NO WARRANTY. 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, AND ANY PPD CONTENT OR USER 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.
11. 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, EVEN IF PPD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PPD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE LESSER OF THE AMOUNT OF DAMAGE TO YOUR ITEM OR ONE THOUSAND DOLLARS ($1000.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. ARBITRATION; APPLICABLE LAW
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
14. SUBMISSIONS. You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, photos, messages, sensor data, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to PPD, or any postings on the Site or made available through the Service, 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 these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
15. ACKNOWLEDGEMENT. PPD and you acknowledge that this Agreement is concluded between PPD and you only, and not with Apple, Inc., or Google, Inc. PPD, and neither Google nor Apple, is responsible for App and the content thereof. To the extent this Agreement provides for usage rules for the App that are less restrictive than the terms set forth for the App by Apple, Inc., or Google, Inc., (the “Usage Rules”) the more restrictive or conflicting Apple or Google term applies.
16. SCOPE OF LICENSE. The license granted to you for App is limited to a non-transferable license to use App on an iOS Product or Android product that you own or control and as permitted by the Usage Rules.
17. MAINTENANCE AND SUPPORT. PPD is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. PPD and you acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services with respect to App.
18. 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 App to conform to any applicable warranty, you may notify Apple or Google and Apple or Google (as applicable) will refund the purchase price for App to you; and to the maximum extent permitted by applicable law, neither Apple nor Google will have any other warranty obligation whatsoever with respect to 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.
19. PRODUCT CLAIMS. PPD and you acknowledge that PPD, (and neither Google nor Apple), is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (a) product liability claims; (b) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit PPD’s liability to you beyond what is permitted by applicable law.
20. INTELLECTUAL PROPERTY RIGHTS. PPD and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, PPD, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
21. 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.
22. PPD NAME AND ADDRESS. PPD’s contact information for any end-user questions, complaints or claims with respect to App is [email protected]
23. EQUITABLE REMEDIES. You hereby agree that if the terms of this Agreement are not specifically enforced, 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 this Agreement, in addition to any other available remedies.