for PrivacyStar™ Apps and Services
This is a legal agreement between you (“you”, or “your”) and First Orion Corp. d/b/a PrivacyStar™ (“PrivacyStar”, or “we”, or “our”). PrivacyStar applications currently include PrivacyStar™, and Lookup+™ and Search-It, and if you are a MetroPCS subscriber, Metro Block-itSM, and include the services provided through such applications and PrivacyStar websites (collectively, the “Service” or, the “Services”).
Please read this end user software license agreement (“License”) carefully before clicking the “Accept” button or downloading or using the Service including without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components and any updates, modifications or enhancements to these items accompanying this License.
YOU AGREE THAT YOUR USE OF THE SERVICE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND THAT THIS AGREEMENT HAS THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT. BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING, INSTALLING OR USING THE APPLICATION, YOU AFFIRM THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS LICENSE AND IN THE RELATED AGREEMENTS, AND TO ABIDE BY AND COMPLY WITH THIS LICENSE AND THE RELATED AGREEMENTS.
1. Location Information. In some instances the Service collects information about your location. PrivacyStar uses this information to provide you with location-based services and information, such as local search results or special offers, and to produce aggregate statistical data for the improvement of services offered by PrivacyStar. We may outsource some of our technical, tracking and reporting functions, and other services to third parties. We may share information from or about you with them so that they can perform their services. Most mobile devices allow you to turn off location services. For more information about how to do this, please contact your mobile service carrier or your device manufacturer.
3. The Service.
Lookup+™ application is currently offered only as a paid Service.
PrivacyStar™ application is currently offered as a paid and a free Service. By paying the appropriate subscription fee and entering into this License, all features of the Service are available to you. By utilizing the free version, certain data features (such as network based caller ID, reverse call lookup and SMS Text ID) are inoperable and PrivacyStar may provide third party content when the application is in use. PrivacyStar may provide the right to use the PrivacyStar™ application on a limited trial basis for no or a reduced subscription fee in which case some or all of the data features may be operable, PrivacyStar may provide third party content when the application is in use and all terms and conditions of this License shall apply.
Search-It application is currently offered only as a paid Service.
4. License Grant and Use Restrictions.
4.1 License Grant. Subject to the restriction set forth herein, PrivacyStar grants you a personal, revocable, non-exclusive, non-transferable, limited right to install and use the Service on a single device owned and controlled by you (“Device”), and to access and use the Service on such Device strictly in accordance with the terms and conditions of this License.
4.2 Restrictions on Use. (A) You agree that you will not use the Service or the information obtained through the Service:
i. for solicitations, commercial or otherwise;
ii. for incorporation into a commercial product or service;
iii. to download information by using any type of automated means;
iv. for the purposes of soliciting, offending or harassing any person or persons;
v. to enter content which in any way: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) violates any patent, trademark, service mark, trade secret, copyright or other proprietary rights of another, or (iii) are known to be false or misleading at the time of entry.
vi. to harm minors in any way;
vii. to impersonate any person or entity, including, but not limited to, a PrivacyStar representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
viii. to provide any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
ix. transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
x. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
xi. intentionally or unintentionally violate any applicable local, state, national or international law.
(B) You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Service; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Service; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Service; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of PrivacyStar or its affiliates, partners, suppliers or the licensors of the Service; (e) use the Service for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) install, use or permit the Service to exist on more than one Device at a time or on any other mobile device or computer; (g) distribute the Service to multiple Devices; (h) make the Service available over a network or other environment permitting access or use by multiple Devices or users at the same time; (i) use the Service for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by PrivacyStar; (j) use the Service to send automated queries to any website or to send any unsolicited commercial e-mail; (k) use any proprietary information or interfaces of PrivacyStar or other intellectual property of PrivacyStar in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Service; (l) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Service or the Device; or (m) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, transfer or circulate the Service. You agree to abide by the rules and policies established from time to time by PrivacyStar. Such rules and policies may include, for example, required or automated updates, modifications, and/or reinstallations of the Service and obtaining available patches to address security, interoperability or performance issues. These obligations survive termination of this License.
(C) You may not rent, lease, lend, sublicense or transfer the Service, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect. These obligations survive termination of this License.
5. Intellectual Property Rights.
5.1 Rights to the Service. You acknowledge and agree that the Service any copies thereof (including without limitation any copy that you download, install, or use on your Device), and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of PrivacyStar or its affiliates, licensors and suppliers. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Service are the intellectual property and proprietary and confidential information of PrivacyStar and its affiliates, licensors and suppliers. Title to the Service shall remain with PrivacyStar. PrivacyStar and its partners, licensors, and suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use of or access to, disable access to, or require the return of the Service (or any copy thereof) at any time without notice and will have no liability for doing so. Except as expressly stated in this License, you are not granted any intellectual property rights in or to the Service by implication, estoppel or other legal theory, and all rights in and to the Service not expressly granted in this License are hereby reserved and retained by PrivacyStar. These obligations survive termination of this License.
5.2 PrivacyStar Marks. You acknowledge and agree that the following company names and their related logos and all related product and service names, design marks and slogans are trademarks and service marks owned by and used under license from PrivacyStar including, but not limited to: “PrivacyStar™”, “PrivacyStar”, “Lookup+” and “Lookup+™” (the “PrivacyStar Marks”). You are not authorized to use the PrivacyStar Marks in any advertising, publicity or in any other commercial manner without the prior written consent of PrivacyStar, which may be withheld for any or no reason. These obligations survive termination of this License.
5.3 Third Party Software. The Service may utilize or include third party software that is subject to open source and third party license terms (“Third Party Software”). You acknowledge and agree that your right to use such Third Party Software as part of the Service is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to your use of the relevant Third Party Software.
6. No Responsibility For Third Party Content And Services.
6.1 General. You acknowledge that the Service may permit access to products, services, websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).
6.2 Disclaimer. You acknowledge that PrivacyStar does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites accessed through the Service). Furthermore, your access to and use of the Third Party Content and Services is at your sole discretion and risk, and PrivacyStar and its affiliates, partners, suppliers and licensors shall have no liability to you arising out of or in connection with your access to and use of the Third Party Content and Services. PrivacyStar hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, copyright compliance, decency, legality, or any other aspect of the Third Party Content and Services.
6.3 Third Party Terms of Service. You acknowledge and agree that your access to and use of the Third Party Content and Services and any correspondence or business dealings between you and any third party using the Service are governed by and require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that PrivacyStar and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, you acknowledge and agree that this License does not grant you any license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein. you agree that you will not use Third Party Content or Services in a manner that would infringe or violate the rights of any other party, and that PrivacyStar is not in any way responsible for any such use by you.
6.4 Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by PrivacyStar or its affiliates of such Third Party Content and Services. PrivacyStar reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Service, although PrivacyStar has no obligation to restrict or deny access even if requested by you.
6.5 Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, you may encounter information, materials and subject matter (i) that you or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, you agree to use the Third Party Content and Services at your sole risk and that PrivacyStar and its affiliates, partners, suppliers and licensors shall have no liability to you for information, material or subject matter that is found to be offensive, indecent, or objectionable.
7. Term and Termination. This License shall be effective until terminated. PrivacyStar may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this License, then this License and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by PrivacyStar. Upon the termination of this License, you shall cease all use of the Service and uninstall the Service. These obligations survive termination of this License.
8. Disclaimer Of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SERVICE AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. PRIVACYSTAR AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRSENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SERVICE AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, PRIVACYSTAR AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICE OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICE WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE SERVICE OR THIRD PARTY CONENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRIVACYSTAR OR FROM THE SERVICE SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT PRIVACYSTAR HAS NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE SERVICE. YOU ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE MISUSE OF, FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY, OR ENVIRONMENTAL DAMAGE. PRIVACYSTAR DOES NOT WARRANT THAT THE SERVICE WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR DEVICE OR ANY OTHER PIECE OF HARDWARE, SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR DEVICE. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT THE DAMAGE TO YOUR DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE THAT PRIVACYSTAR AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE BURDEN OR ALL NECESSARY EXPENSES, SERVICING, REPAIR, OR CORRECTION. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS LICENSE
IF YOU HAVE PAID ANY FEE TO FOR USE OF THE SERVICE, IN THE EVENT OF ANY FAILURE OF THE SERVICE TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY PRIVACYSTAR, AND PRIVACYSTAR MAY, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE SERVICE. PRIVACYSTAR WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICE.
9. Limitation Of Liability. EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL PRIVACYSTAR OR ITS AFFILIATES, PARTNERS, CHANNEL PARTNERS OR ASSOCIATED SERVICE PROVIDERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ACCIDENTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR LOSS OF OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE SALE OR DISTRIBUTION OF, THE PERFORMANCE OR NON-PERFROMANCE, OR YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, APPLE SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY RELATED TO THE SERVICE OR YOUR USE OF POSSESSION OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO (I) PRODUCT LIABILITY CLAIMS, (II) ANY CLAIM THAT THE SERVICE FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION, OR (IV) ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE SERVICE TO CONFORM TO ANY WARRANTY, EXPRESS OR IMPLIED. THESE OBLIGATIONS SURVIVE TERMINATION OF THIS LICENSE.
10. Indemnification. You shall indemnify, defend and hold harmless PrivacyStar and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your access to or use of the Service or Third Party Content and Services; (ii) your breach of this License; (iii) your violation of law; (iv) your negligence or willful misconduct; or (v) your violation of the rights of a third party. These obligations survive termination of this License.
11. Changes. PrivacyStar reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this License and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this License as “Additional Terms”) will be effective immediately and incorporated into this License. your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this License by this reference.
12. Support Services. PrivacyStar shall have no obligation under this License to provide you with any maintenance or technical support services. PrivacyStar reserves the right to change, enhance and/or release new versions of the Service at any time and without notice. Among other things, such enhancements and new releases may result in additional storage space required to load or maintain the Service on a computer or mobile device. In the event PrivacyStar changes any part of the Service or discontinues the Service, which PrivacyStar may do at its election, you acknowledge that you may no longer be able to use the Service to the same extent as prior to such change or discontinuation, and that PrivacyStar shall have no liability to you in such case.
13. User Account & Security. As a registered end user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify PrivacyStar of any unauthorized use of your Account or any other breach of security. PrivacyStar shall not be responsible for any losses arising out of the unauthorized use of your Account.
14. Notice. You may contact use us by paper mail at First Orion Corp., 1111 Main Street, 2nd Floor, Conway, AR 72032.
15. Electronic Signatures & Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE SERVICES, INCLUDING WITHOUT LIMITATION NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
16. Arbitration/Waiver of Jury Trial. Except as specifically provided below, any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims capable in law of being submitted to binding arbitration) against PrivacyStar, its agents, employees, officers, directors, successors, licensors, assigns or affiliates (collectively for purposes of this paragraph, “PrivacyStar”) arising from or relating to this License, its interpretation, or the breach, termination or validity thereof, the relationships between the parties, whether pre-existing, present or future, (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this License), PrivacyStar advertising, or any related purchase shall be resolved exclusively and finally by mandatory, confidential, binding arbitration administered by the American Arbitration Association (AAA) in accordance with the provisions of its Rules of Commercial Arbitration (the “Rules”). An arbitration demand must be made within one (1) year of the date on which the party demanding arbitration first had notice of the existence of the claim to be arbitrated, or the right to arbitration shall be considered to have been waived. The dispute shall be resolved by a neutral arbitrator. Neither party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The arbitrator shall have the discretion to order a pre- hearing exchange of information by the parties, including, without limitation, production of requested documents, exchange of summaries of testimony of proposed witnesses, and examination by deposition of parties. The location of the arbitration shall be Little Rock, Arkansas, U.S.A. Judgment upon the award rendered by the arbitrator shall be final and binding on each of the parties, and may be entered in any court having jurisdiction thereof. Nothing within this section shall restrict the right of PrivacyStar to seek injunctive or any other legal or equitable relief from a court of competent jurisdiction for a violation of this License by you or any third party. THE PARTIES HEREBY WAIVE ALL RIGHTS TO A TRIAL BY JURY IN ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT.
17. Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND PRIVACYSTAR SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
18. We May Contact You. You agree that PrivacyStar may contact you regarding use of the Service, quality of the Service or additional features and functions which may be available to you. This contact may be by push notifications, text messages, emails, facsimile or telephone to your phone number (including your mobile device) and may include the use of automated telephone dialing (or similar) equipment.
19. System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and/or certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product or service shall be construed to represent or guarantee your access to the Service.
20.1 Governing Law. This License shall be deemed to take place in the State of Arkansas and shall be governed by and construed in accordance with the laws of the State of Arkansas, excluding its conflicts of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You and PrivacyStar agree that any dispute or claim arising out of or relating to the Service or your use of the Service must commence within one (1) year after the dispute or claim accrues. Otherwise, such dispute or claim is permanently barred. This Section 18.1 is not intended to and does not alter any provisions of your applicable wireless service agreement.
20.2 Severability. If any provision of this License is held to be invalid or unenforceable with respect to a party, the remainder of this License, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of this License shall be valid and enforceable to the fullest extent permitted by law.
20.3 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under this License shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
20.4 Export Control. You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction(s) in which the Service was obtained. You represent and warrant that you are not (a) located in any 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, or (b) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also agree that you will not use the Service for any purposes prohibited by United States law.
20.5 Modification or Amendment. PrivacyStar may modify or amend the terms of this License at any time by posting a copy of the modified or amended License available through the http://www.privacystar.com/terms-use. You will be deemed to have agreed to any such modification or amendment by your decision to continue using the Service following the date in which the modified or amended License is made available through the Service.
20.6 Survival. Any provisions of this License which by their express language or by their context are intended to survive the termination of this License shall survive such termination.
20.7 Third Party Beneficiaries. Except as provided in this Section, nothing contained in this License is intended or shall be construed to confer upon any person (other than the parties hereto) any rights, benefits or remedies of any kind or character, or to create any obligations or liabilities of a party to any such person.
20.8 Assignment. You shall not assign this License or any rights or obligations herein without the prior written consent of PrivacyStar and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.
20.9 Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Service licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
Last Updated December 13, 2013