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Deputize America Terms of Service Agreement

Effective Date: March 5, 2018

 

DO NOT USE THE DEPUTIZE AMERICA APP OR SITE TO SEEK MEDICAL SERVICES OR EMERGENCY RESPONSE PERSONNEL. IN THE EVENT OF AN EMERGENCY, CALL 911. YOU ACKNOWLEDGE AND AGREE THAT DEPUTIZE AMERICA DOES NOT PROVIDE EMERGENCY RESPONSE SERVICES.

 

The website located at www.DeputizeAmerica.com (“Site”), the Deputize America mobile application (“App”), and the products, features, functionality, content, and services accessible thereon (collectively, the “Services”) are offered by Deputize America, LLC, a Texas limited liability company (“Deputize America,” “we,” or “us”). This Deputize America Terms of Service Agreement (“Agreement”) is a binding agreement between you (“you” or “user”) and Deputize America and the Agreement governs your use of the Services. The Services are licensed, not sold, to you. Please read this Agreement carefully before you start to use the Services.

 

BY CLICKING THE “AGREE” BUTTON OR USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES AND DELETE THE APPLICTATION FROM YOUR MOBILE DEVICE.

 

We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we notify you by sending an email or posting them to the Services and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law section will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Agreement means that you accept and agree to the changes. You are expected to check this Agreement from time to time so you are aware of any changes, as they are binding on you.

 

1.  Accessing the Services and Account Security. To access the Services, or some of the resources it offers (for example, the ability to call a Deputy, to use location tracking functions, or to communicate with another user), you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services, including but not limited to your name and phone number, is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by the Deputize America Privacy Policy (“Privacy Policy”), and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

 

If you choose a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

2.  License Grant. Subject to the terms of this Agreement, Deputize America grants you a limited, non-exclusive, and nontransferable license to:

 

(a)   download, install, and use the App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”);

 

(b) access and use the Site for your personal, non-commercial use;

 

(c)  access, download, and use on such Mobile Device the Services made available in or otherwise accessible through the App, strictly in accordance with this Agreement.

 

3.  License Restrictions. The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Deputize America, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Licensee shall not:

 

(a) use the Services for any illegal purpose, or in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);

(b) copy any portion of the Services, except as expressly permitted by this license;

(c) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services;

(d)  reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;

(e) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;

(f) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;

(g) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services;

(h) use the Services in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments;

(i) use their account to impersonate any person, or misrepresent your identity or affiliation with any person or organization;

(j) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by Deputize America, may harm Deputize America or users of the Services or expose them to liability;

(k) use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;

(l) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;

(m) use any device, software, or routine that interferes with the proper working of the Services;

(n) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

(o) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which any portion of the Services is stored, or any server, computer, or database connected to the Services;

(p) attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or

(q) otherwise attempt to interfere with the proper working of the Services.

 

4.  Reservation of Rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Deputize America and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

 

5.  Collection and Use of Your Information. You acknowledge that when you download, install, or use the Services, Deputize America may use automatic means (including, for example, location tracking) to collect information about your Mobile Device and about your use of the Services. You also may be required to provide certain information about yourself as a condition to using the Services or certain of its features or functionality. All information we collect through or in connection with this Services is subject to the Privacy Policy. By downloading, installing, using, and providing information to or through this Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. If you decide to disable certain automatic information collection features of the Services, the Services may no longer function properly.

 

6.  Mobile Device Charges. You are solely responsible for all fees or charges you incur in connection with your use of your Mobile Device with the Services, including but not limited to, data usage, texting, overages, per-minute charges, roaming, and other telecom or access charges and you acknowledge that such fees or charges may apply and that you are solely responsible for such charges and fees.

 

7.  Payment. Creating a Deputize America account is free. However, we do charge fees for certain services, like placing an order for additional services or registering as a Deputy. When you use a service that has a fee you will have an opportunity to review and accept the fees that you will be charged. To pay for such services, you must provide Deputize America with the information necessary to process such payment including your billing address and payment method. You agree to pay Deputize America the charges incurred in accordance with this Agreement and applicable pay services. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended or cancelled automatically.

 

(a) Updates to Billing Accounts. You are responsible for all for promptly updating all payment information in the event of any changes. We will have no liability for your inability to complete transactions as a result of incorrect or outdated payment information.

 

(b) Payment Disputes. If you dispute any charges, you must inform Deputize America in writing within thirty (30) of being billed by Deputize America.

 

8.  Deputies. “Deputy or Deputies” means the pre-screened users of the Services that have subjected themselves to background checks to obtain deputy status on the Services and can receive special notices on the Services to respond to other users’ request for Deputy presence or services (“Deputy Response Services”) through the Services. If you register as a Deputy through the Services, you agree to be bound by the provisions in this Section 8.

 

(a) Requirements. Each Deputy acknowledges and agrees that at all times, the Deputy shall: (a) hold and maintain a government issued photo ID (driver’s license, ID card, passport); and (b) maintain high standards of professionalism, service and courtesy. Each Deputy acknowledges and agrees that the Deputy shall be subject to certain background checks from time to time in order to qualify to provide, and remain eligible to provide, Deputy Response Services. Deputize America reserves the right, at any time in its sole discretion, to deactivate or otherwise restrict any Deputy from accessing or using the Services if the Deputy fails to meet the requirements set forth in this Agreement or for any reason at all.

 

(b) Background Checks. Deputize America uses a third party to perform background screening of all Deputies. Each Deputy acknowledges and agrees that Deputize America may share any information that a Deputy may provide us with our third-party partners so that they may perform a full and accurate background screening.

 

(c) Provision of Deputy Services. When the App is active, a user may contact a Deputy for assistance and this may appear to the Deputy via the App if the Deputy is available and in the territory of the user. If a Deputy accepts a user’s request for Deputy Response Services, the App will provide the Deputy with certain user information via the App, including the user’s name, location, and description of the particular Deputy Response Services needed. You acknowledge and agree that once you have accepted a user’s request for Deputy Response Services, Deputize America may provide certain information about the Deputy to the user, including the Deputy’s name, contact information, photo, and location. Deputies shall not contact any users or use any user’s personal data for any reason other than for the purposes of fulfilling the Deputy Response Services. As between Deputize America and a Deputy, each Deputy acknowledges and agrees that: (a) a Deputy shall be solely responsible for determining the most effective, efficient and safe manner to perform each instance of Deputy Response Services; and (b) except for the App, you shall provide all necessary equipment, tools and other materials, at your own expense, necessary to perform requested Deputy Response Services.

 

(d) Deputy Relationship with Users. Each Deputy acknowledges and agrees that the provision of Deputy Response Services to users creates a direct business relationship between the Deputy and the user. Deputize America is not responsible or liable for the actions or inactions of a user in relation to a Deputy. Each Deputy shall have the sole responsibility for any obligations or liabilities to users or third parties that arise from each Deputy’s provision of Deputy Response Services. Each Deputy acknowledges and agrees that the Deputy is solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance and licensing that meets the requirements of all applicable laws) regarding any acts or omissions by the Deputy, of a user, or a third party. Each Deputy acknowledges and agrees that Deputize America may release a Deputy’s contact, insurance, and/or licensing information to a user upon such user’s reasonable request.

 

(e) Deputy Relationship with Deputize America.

 

a. Each Deputy acknowledges and agrees that Deputize America’s provision to a Deputy of the Services creates a direct business relationship between Deputize America and the Deputy. Deputize America does not, and shall not be deemed to, direct or control any Deputy generally or in any Deputy’s performance under this Agreement specifically, including in connection with any Deputy’s provision of Deputy Response Services, any Deputy’s acts or omissions, or ant Deputy’s operation and maintenance of any equipment. Each Deputy retains the sole right to determine when, where, and for how long the Deputy will utilize the Services. Each Deputy retains the option, via the App, to attempt to accept or to decline or ignore a user’s request for a Deputy response via the Services, or to cancel an accepted request for Deputy Response Services via the App. With the exception of any signage required by local law or permit/license requirements, Deputize America shall have no right to require any Deputy to: (a) display Deputize America’s or any of its affiliates’ names, logos or colors; or (b) wear a uniform or any other clothing displaying Deputize America’s or any of its affiliates’ names, logos or colors. Each Deputy acknowledges and agrees that the Deputy has complete discretion to provide Deputy Response Services or otherwise engage in other business or employment activities. For the sake of clarity, each Deputy understands that the Deputy retains the complete right to; (i) use other software application services in addition to the Services; and (ii) engage in any other occupation or business.

 

b. Deputize America retains the right to deactivate or otherwise restrict any Deputy from accessing or using the Services in the event of a violation or alleged violation of this Agreement, a Deputy’s disparagement of Deputize America or any of its affiliates, a Deputy’s act or omission that causes harm to Deputize America’s or its affiliates’ brand, reputation or business as determined by Deputize America in its sole discretion.

 

(f) Location Based Services. Each Deputy acknowledges and agrees that all Deputy geo-location information must be provided to the Services via a Mobile Device in order to receive requests for Deputy Response Services. Each Deputy acknowledges and agrees that: (a) geo-location information may be obtained by the Services while the App is running; and (b) approximate location will be displayed to the user before and during the provision of Deputy Response Services to such user. In addition, Deputize America may monitor, track and share with third parties a Deputy’s geo-location information obtained by the Mobile Device for safety and security purposes.

 

9.  Availability and Updates. Deputize America may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. Deputize America will not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any period. You agree that Deputize America has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

 

(a)  the App will automatically download and install all available Updates; or

 

(b)  you may receive notice of or be prompted to download and install available Updates.

 

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement.

 

10.  Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Deputize America is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Deputize America does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

 

11.  Monitoring and Enforcement. We have the right to:

 

(a) Take any action with respect to any user action that we deem necessary or appropriate in our sole discretion, including if we believe that such user action violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Deputize America;

 

(b) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

 

(c) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and

 

(d) Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS DEPUTIZE AMERICA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

12.  Term and Termination.

 

(a)  The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Deputize America as set forth in this Section 12.

 

(b)  You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device or by notifying Deputize America at support@DeputizeAmerica.com.

 

(c)  Deputize America may terminate this Agreement at any time without notice if it ceases to support the Services, which Deputize America may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement, or any other agreement with Deputize America.

 

(d)  Upon termination:

 

(i)  all rights granted to you under this Agreement will also terminate; and

 

(ii)  you must cease all use of the Services and delete all copies of the App from your Mobile Device and account.

 

(e)  Termination will not limit any of Deputize America’s rights or remedies at law or in equity.

 

13.  Disclaimers.

 

(a) DISCLAIMER OR WARRANTIES. THE SERVICES ARE PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DEPUTIZE AMERICA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, DEPUTIZE AMERICA PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES, OR SPECIFICALLY, THE APP, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

 

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.

 

(b) NO SERVICE GUARANTEE. DEPUTIZE AMERICA DOES NOT GUARANTEE THE AVAILABILITY OR UPTIME OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (E.G., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND DEPUTIZE AMERICA AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.

 

(c) SAFETY. WE HAVE NO CONTROL OVER ANY ASPECT OF YOUR USE OF THE SERVICES. YOU ARE RESPONSIBLE FOR DETERMINING YOUR OWN SAFETY.

 

14.  Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DEPUTIZE AMERICA OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR THE SERVICES FOR:

 

(a)  PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

 

(b)  DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES.

 

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 DEPUTIZE AMERICA 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.

 

15.  Indemnification. You agree to indemnify, defend, and hold harmless Deputize America and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of this Agreement.

 

16.  Trademarks. The Deputize America name, the Deputize America logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Deputize America or its affiliates or licensors. You must not use such marks without the prior written permission of the Deputize America. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

 

17.  Reviews and Feedback. Deputize America shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Services or on Deputize America’s social media pages (collectively, "Feedback") and it may share with any of its affiliates. Deputize America will not be required to treat any Feedback as confidential and will not be liable for any Feedback posted on the Services or elsewhere. Without limitation, Deputize America will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote Deputize America, without compensation to you or any other person sending the Feedback. You specifically waive any "moral rights" in and to the Feedback.

 

18.  Copyright Policy

Reporting Claims of Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

 

• Your physical or electronic signature.

• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.

• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the written notice is accurate.

• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

 

Our designated copyright agent to receive DMCA Notices and Counter-Notices (as further defined below) is: [NAME/PHYSICAL ADDRESS/EMAIL]

 

Counter-Notification Procedures. If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

 

• Your physical or electronic signature.

• An 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 disabled.

• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.

 

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

 

Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

 

Repeat Infringers. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

19.  Dispute Resolution and Arbitration. At Deputize America’s sole discretion, it may require you to submit any disputes arising from the use of the Services or this Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

 

20.  Your Right to Opt Out of Arbitration. Arbitration is not a mandatory condition of your contractual relationship with the Deputize America. If you do not want to be subject to this Arbitration Provision, you may opt out of this Arbitration Provision by notifying the Deputize America in writing of your desire to opt out of this Arbitration Provision, either by (1) sending, within 30 days of the creation of your account or of any update of this Agreement executed by you, electronic mail to support@DeputizeAmerica.com, stating your name and intent to opt out of the Arbitration Provision or (2) by sending a letter by U.S. Mail, or by any nationally recognized delivery service, or by hand delivery to:

 

[Address for legal notice]

 

In order to be effective, the letter under option (2) must clearly indicate your intent to opt out of this Arbitration Provision and must be dated and signed. The envelope containing the signed letter must be received (if delivered by hand) or post-marked within 30 days of the creation of your account or of any update of this Agreement executed by you. Your writing opting out of this Arbitration Provision, whether sent by (1) or (2), will be filed with a copy of this Agreement and maintained by the Deputize America. Should you not opt out of this Arbitration Provision within the 30-day period, you and the Deputize America shall be bound by the terms of this Arbitration Provision. You have the right to consult with counsel of your choice concerning this Arbitration Provision. You understand that you will not be subject to retaliation if you exercise your right to assert claims or opt-out of coverage under this Arbitration Provision.

 

21.  Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Austin, Travis County, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

22.  Limitation of Time to File Claims and Waiver of Trial by Jury. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN ANY DISPUTE, ACTION, OR PROCEEDING.

 

23.  Notice Policy and Your Consent. Under this Agreement you are contracting with Deputize America, LLC, a Texas limited liability company. Notice should be addressed to Deputize America, LLC [ADDRESS FOR LEGAL NOTICES].

 

For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.

 

We may give notice by means of a general notice on the Site, App, electronic mail to your email address in your account, text message, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth above or at such other address as we may advise from time to time, pursuant to this provision.

 

24.  Export Regulation. The App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the App to, or make the App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the App available outside the US.

 

25.  US Government Rights. The App is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the App as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.

 

26.  Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

 

27.  Assignment. The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Deputize America’s prior written consent. Any assignment in violation of this section shall be null and void.

 

28.  Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

 

29.  Entire Agreement. This Agreement and our Privacy Policy constitute the entire agreement between you and Deputize America with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE THAT MY USE OF THE DEPUTIZE AMERICA SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

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