Terms Of Use Agreement

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These Terms of Use are a legal agreement between eBodyGuard, L.L.C. (“eBodyGuard”) and you and govern your access and use of the eBodyGuard application and websites. Please read this Terms of Use Agreement (Agreement) fully before clicking “I Agree” below, downloading or using the eBodyGuard app or website. By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

License

eBodyGuard, L.L.C. grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

General Terms

You must be at least 13 years old to use eBodyGuard app or website.

For purposes of this Agreement, the words “you”, “your” or other like terms shall refer to the party agreeing to this Agreement and to any person or entity who, uses eBodyGuard. Accordingly, the person agreeing to this Agreement represents and warrants for himself or herself, and on behalf of any third party he or she purports to act for and any person or entity that uses eBodyGuard, that he or she is duly authorized on his or her own behalf and on behalf of any such third party to enter into and comply with this Agreement.

Changes to this Agreement

eBodyGuard reserves the right to change this Agreement at any time, including but not limited to changing the charges associated with the use of the eBodyGuard app. eBodyGuard will give you notice of such changes by posting the revised Agreement at www.ebodyguard.org/terms. It is your responsibility to ensure that you are aware of the current Agreement at all times. If we make any changes to this Agreement, we will change the “last updated” date above. By continuing to use the eBodyGuard app or website, you agree to the revised Agreement.

eBodyGuard Additional Terms

Standard-rated text messages are part of the eBodyGuard app. For example, text messages are sent to your Bodyguards when the SOS button is pressed or when voice activation is triggered. Messaging and data rates may apply depending on the terms of your individual mobile service plan.

To subscribe to the eBodyGuard app, you can download our apps from various app stores and follow setup instructions inside the app, or go to eBodyGuard.org for more information. To cancel a subscription, remove the app from the phone. To get help, email us at support@ebodyguard.org.

Charges

When you register for the eBodyGuard app, you will be given an opportunity to select the term of the subscription. All functions of the eBodyGuard app are included in the subscription price. eBodyGuard does not have a premium service. As we upgrade and add functions to the eBodyGuard app, we will strive to maintain this one price per subscription policy. Should that policy change, we will notify the user of any changes.

To sign up, you will be required to provide us with your iTunes/Apple ID and password, credit card or PayPal account information to enable eBodyGuard to automatically (either monthly, annually or at other agreed upon intervals) charge your iTunes account, credit card or PayPal account. These charges will be applied to your iTunes account, credit card or PayPal account in advance of the period in which the services are to be provided or made available to you. So for example, if the service offerings you select have a monthly billing cycle, we will charge your iTunes account, credit card or PayPal account at the beginning of the applicable month for the entire month. If the service offerings you select have a yearly billing schedule, we will charge your iTunes account, credit card or PayPal account at the beginning of the applicable year for the entire year.

If eBodyGuard decides to cancel a service offering for which you have prepaid, unless such cancellation is as a result of your breach of these Terms of Use, eBodyGuard shall, in its sole discretion, refund the portion of the services which is unused or credit your account for the use of other service offerings. However, no prepaid charges shall be refundable to you should you terminate or cancel your account with eBodyGuard.

By registering for the eBodyGuard app and agreeing to these Terms of Use, you hereby authorize Mobile Software to charge your iTunes account, credit card or PayPal account on file with us for the intervals agreed to upon your selection.

You agree to maintain the accuracy, completeness and effectiveness of your billing information (including without limitation ensuring an active iTunes account, credit card or PayPal account with sufficient credit to make payments of all amounts due is authorized and included in the billing information) and to immediately make appropriate changes to your account of any changes to such iTunes account, credit card, PayPal account or other billing information. Should you fail to do so, eBodyGuard shall have the right to immediately terminate or cancel your access to the eBodyGuard app without notice to you and shall have no liability to you or any third party for doing so.

eBodyGuard is committed to making all rates and charges visible and predictable to you. You acknowledge and accept, however, that Mobile Software may change the charges associated with your use of the eBodyGuard app and that, dependent on your mobile service plan, your mobile network service provider may charge you additional fees for the use of the eBodyGuard app.

Links to Third Party Sites

The eBodyGuard app may contain links to other websites and mobile services (“Linked Sites” and “Linked Services”). The Linked Sites and Linked Services are not under the control of eBodyGuard and eBodyGuard is not responsible for the contents of any Linked Site or the operation of any Linked Service, including without limitation any link contained in a Linked Service or on a Linked Site, or any changes or updates to a Linked Site or Linked Service. eBodyGuard is not responsible for either the quality or character of webcasting or any other form of transmission received from any Linked Site or Linked Service. eBodyGuard provides links to Linked Sites and Linked Services solely as a convenience, and accordingly, your access to or use of a Linked Site or Linked Service is at your sole risk. The inclusion of any link on the eBodyGuard app to a Linked Site or Linked Service does not imply endorsement by eBodyGuard of the Linked Site or Linked Service or any association with its owners or operators. You should always read the privacy policy of a third-party website before providing any information to the website.

Use of the eBodyGuard App

As a condition of your use of the eBodyGuard app, you warrant that you will not use the eBodyGuard app for any purpose that is a violation of state or federal law or prohibited by these Terms of Use.

You may not use the eBodyGuard app in any manner which could damage, disable, overburden, or impair the eBodyGuard app or interfere with any other party’s use and enjoyment of the eBodyGuard app or website.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the eBodyGuard app or website.

The eBodyGuard app may contain Voice-over-IP based communications, SMS based communications, data sync service, application download services, chat support services, positioning services through GPS or triangulation technology, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with eBodyGuard, other users of the eBodyGuard app, or the public at large (collectively, “Communications”.) You agree to use the Communications only to post, send and receive messages and material that are proper and related to the eBodyGuard app. You agree that you shall NOT:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Locate another user through our location finder without their consent, unless the other user is a minor of whom you are a parent or legal guardian or a third party administrator authorized by a parent or legal guardian to locate through our location finder.
  • Locate another user through our location finder if applicable laws or court orders do not permit you to locate digitally even after consent has been granted.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communications specifically allows such messages.
  • Conduct or forward surveys, sweepstakes, contests, promotions, pyramid schemes or chain letters.
  • Use the eBodyGuard app or Communications for any purpose other than personal safety purposes. The eBodyGuard app may not be sold, rented or otherwise commercialized with third parties.
  • Register for more than one account or register for an account on behalf of an individual other than yourself or your child.
  • Download any file posted by another user of a Communication that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying any of the Communications.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communications.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable state, local or federal laws or regulations.
  • Remove, alter, obscure, destroy, or attempt to circumvent any notices, proprietary marks or codes, means of identification, digital rights management tools or information included in or related to the Mobile Software Services.
  • Reverse engineer, disassemble, decompile, convert into human-readable format, or otherwise attempt to derive the source code of any software included in or related to the eBodyGuard app.
  • Copy any ideas, features, functions or graphics included in or related to the eBodyGuard app.
  • Make intentional false calls to law enforcement. Intentional false calls to law enforcement is a crime and eBodyGuard will cooperate fully with law enforcement to prosecute such abuses.

    • eBodyGuard has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Should there be a violation of the law, eBodyGurad will involve and cooperate with law enforcement authorities in prosecuting users who violate the above.

    Unlike traditional 911 emergency calls, eBodyGuard works on Voice Over Internet Protocol (VOIP). The VOIP may be provided by a third party. If the VOIP is provided by a third party, you further acknowledge that eBodyGuard shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the eBodyGuard app to properly operate with the third party VOIP provider or from any errors occurring from the VOIP provider as a result of your use of the eBodyGuard app.

    You acknowledge that the voice activation is at this time experimental and may not function properly at all time in all circumstances. By using the eBodyGuard app you acknowledge that eBodyGuard shall have no liability to you or to any third party arising as a result of the voice activation failing to perform in the manner in which is was intended.

    eBodyGuard has no obligation to monitor the Communications. However, eBodyGuard reserves the right to review the use of and/or materials posted to a Communication and to remove any materials in its sole discretion at any time. eBodyGuard reserves the right to suspend or terminate your access to the eBodyGuard app or any or all of the Communications at any time without notice for any reason whatsoever. eBodyGuard will terminate your access to the eBodyGuard app and all Communications should you be found to have defamed, abused, harassed, stalked, threatened or otherwise violated the legal rights (such as rights of privacy and publicity) of others.

    eBodyGuard will, at all times, respect users privacy and information, but it may become legally necessary to disclose such information. In that case, eBodyGuard reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, governmental request or subpoena, or to edit, refuse to post or to remove any information or materials, in whole or in part, in eBodyGuard’s sole discretion.

    eBodyGuard takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers. eBodyGuard makes no representations or warranties as to the interoperability of the eBodyGuard app with any network or servers. You further acknowledge that eBodyGuard shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the eBodyGuard app to properly operate with your network or servers or from any errors occurring on your networks or servers as a result of your use of the eBodyGuard app.

    You acknowledge and recognize that the eBodyGuard app is a self-help service provided through applications, mobile networks, and the internet, and that eBodyGuard does not always control or endorse the involvement of its users in the eBodyGuard app, including who is a user, administrator or co-administrator and, therefore, eBodyGuard specifically disclaims any liability with regard to the Communications and any actions resulting from your participation in any Communication. eBodyGuard app users are not authorized eBodyGuard spokespersons, and their views do not necessarily reflect those of eBodyGuard.

    Materials uploaded to a Communication may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

    Content Provided to eBodyGuard on or through the eBodyGuard app, eBodyGuard Software does not claim ownership of the materials you provide to Mobile Software or post, upload, input or submit to the eBodyGuard app (including pictures, personal details, feedback and suggestions) (collectively

    “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting eBodyGuard, its affiliated companies and necessary sublicensees a worldwide, royalty free, transferable, perpetual right and license to use your Submission in connection with the operation of eBodyGuard’s and its affiliates’ businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

    No compensation will be to you paid with respect to the use of your Submission, as provided herein. eBodyGuard is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in eBodyGuard’s sole discretion.

    By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and to grant to eBodyGuard the rights and licenses set forth above. You agree that you shall defend, indemnify and hold harmless eBodyGuard and its affiliates, officers, directors, employees and agents from and against any and all third party claims (and any and all resulting losses, damages, liabilities, costs and expenses) alleging that your Submission or eBodyGuard’s use of your Submission in accordance with the rights and licenses granted above violates, infringes or misappropriates the rights of any third party or violates applicable law.

    Copyright and Intellectual Property Policy

    Notice of Copyright or Intellectual Property Infringement. We respect the intellectual property rights of others. Please notify us in writing, by email or mail to our designated agent listed below, if you believe that a user of the eBodyGuard app has infringed your intellectual property rights, pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (DMCA).

    To be effective the notification must include:

  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the claimed infringing material and information reasonably sufficient to permit eBodyGuard to locate the material on the eBodyGuard app;
  • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • your physical or electronic signature.

    • You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the eBodyGuard app without liability.

    Counter-Notice by Accused User. If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by email or mail to our designated agent below.

    That written communication must include the following:

  • your physical or electronic signature;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which such address is located, or if your address is outside of the United States, the Federal District Court for the District of Colorado, and that you will accept service of process from the person who provided notification of copyright infringement or an agent of such person.

    • Please send all notices under the above copyright infringement policies by email or mail to the following individual, designated as Mobile Software’s agent for receipt of notifications of claimed infringement:

    eBodyGuard, L.L.C.

    Attn: Copyright
    P.O. Box 8816
    Breckenridge, CO 80424
    copyright@eBodyGuard.org

    Repeat Infringers. Your account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.

    Disclaimers and Limitation of Liability

    To the maximum extent permitted by applicable law, the eBodyGuard app and eBodyGuard websites are provided on an “as is” and “as available” basis without warranty or condition of any kind, express or implied. eBodyGuard and/or its affiliates and suppliers hereby disclaim all warranties and conditions with respect to the eBodyGuard app and eBodyGuard websites, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement and absence of errors, bugs, viruses and/or mechanisms which may disable, damage or interfere with computer systems or networks.

    You acknowledge and agree that the information, software, applications, products and services included or available through the eBodyGuard app and eBodyGuard websites may include inaccuracies or typographical errors and that eBodyGuard shall have no liability or such errors. You acknowledge and agree that eBodyGuard shall have no liability for such errors. You acknowledge and agree that eBodyGuard and/or its affiliates and suppliers may make improvements and/or changes in the eBodyGuard app and on the eBodyGuard website at any time without notice or liability to you.

    Information you may receive via the eBodyGuard app or eBodyGuard website may not be relied upon by you for personal, security, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

    You understand and agree that any material or information downloaded or otherwise obtained through the eBodyGuard app or eBodyGuard website is done at your own risk and that you will be solely responsible for any damage arising from doing so. No advice or information, whether oral or written, obtained by you from eBodyGuard or through the eBodyGuard app or websites will create any warranty not expressly made in these Terms of Use.

    The eBodyGuard app is provided to help with personal safety, but you should always us common sense and seek help when it is needed. eBodyGuard cannot and does not guarantee that any emergency personnel will respond in a timely manner or at all, or that the most appropriate emergency personnel have been contact and have all the information needed to respond to the emergency. Additionally, emergency response personnel may not respond because of local laws, regulations or

    policies. You should verify that appropriate emergency personnel have been contacted and have all the information needed to respond to the emergency.

    eBodyGuard and/or its affiliates and supplier make no representations about the suitability, reliability, availability, timeliness and accuracy of the eBodyGuard app or the eBodyGuard websites for any purpose or the availability of any networks or communication lines or functioning of any mobile phone or device necessary for the eBodyGuard app.

    To the maximum extent permitted by applicable law, in no event shall eBodyGuard and/or its affiliates, parents, subsidiaries, affiliates, suppliers, stockholders, officers, directors, employees or agents be liable

  • for damages in excess o the amounts actually paid by you to eBodyGuard in the six (6) months period immediately preceding the event giving rise to the applicable claim or (2) for any indirect, punitive, incidental, special, consequential damages including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the eBodyGuard app, with the delay or inability to use the eBodyGuard app, websites or related services, the provision of or failure to provide services or for any information, software, products, services and related graphics obtained through the eBodyGuard app or websites or otherwise arising out of the use of the eBodyGuard app or websites, whether based on contract, tort, negligence, strict liability or otherwise, even if eBodyGuard or any of its affiliates or suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

    • To the extent eBodyGuard may not, as a matter of applicable law, disclaim any implied warranty or limits its liabilities, the scope and duration of such warranty and the extent of eBodyGuard’s liability will be the minimum permitted under such law.

    If you are dissatisfied with any portion of the eBodyGuard app or websites or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the eBodyGuard app and eBodyGuard websites.

    Indemnification

    You agree to indemnify and defend eBodyGuard and its Affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including Communications) that you or anyone using your account submit, post, or transmit through the eBodyGuard app or website; (b) the use of the eBodyGuard app or website by you or anyone using your account; (c) the violation of these Terms of Use by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. dBodyGuard reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with eBodyGuard in such defense.

    Termination/Access Restriction

    eBodyGuard reserves the right, in its sole discretion, to terminate your access to the eBodyGuard app and websites and the related services or any portion thereof at any time, without notice.

    Copyright and Trademark Notices

    Other than Communications belonging to users, we own or license the content on the eBodyGuard and websites, including software, text, visual and audio content (referred to together as “Content”) and eBodyGuard’s trademarks, logos, and brand elements (referred to as “Marks”). The Content and Marks are protected under U.S. and international laws. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

    Privacy

    eBodyGuard respects your privacy. Our Privacy Policy explains how we collect, use, and disclose

    information about you. Please familiarize yourself with this Policy before downloading the eBodyGuard app.

    Notices

    You agree that, with respect any written notice we are required or permitted to give you in connection with these Terms of Use, such notice shall be deemed effectively given immediately upon electronic transmission of such notice to you at the email address set forth in your account information.

    Miscellaneous

    These Terms of Use shall be governed by the laws of the State of Colorado without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of the State and Federal Courts located in Denver, Colorado in all disputes arising out of or relating to the use of the eBodyGuard app or these Terms of Use and you hereby waive any right to claim that such courts constitute and inconvenient forum for such disputes.

    Use of the eBodyGuard app is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph and the preceding paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and eBodyGuard as a result of these Terms of Use or your use of the eBodyGuard app or website. eBodyGuard’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of eBodyGuard’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the eBodyGuard app or information provided to or gathered by eBodyGuard with respect to such use.

    Severability

    If any part of these Terms of Use is 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 the agreement shall continue in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and eBodyGuard with respect to the eBodyGuard app and websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and eBodyGuard with respect to the eBodyGuard app and websites.

    Please print a copy of these Terms OF — USE for you records and PLEASE check the Site frequently for any changes to these Terms of use.

    Contact Information

    If you have any questions about this Agreement, please contact us at support@ebodyguard.org