User License Agreement
LAST UPDATED February 13, 2020
This Mobile App End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Real Intelligence LLC (“Company” or “us”). This Agreement governs your use of the DYNAMIC MAPPING mobile application, (including all related documentation, the “App”). The App is licensed, not sold, to you. In addition, access and use of our App is subject to additional guidelines, terms, or rules, which will be posted on the App and at Google Play or the Apple Store in connection with the App (“Supplemental Terms”). All Supplemental Terms are incorporated by reference into these Terms.
THIS AGREEMENT CONTAINS A WAIVER OF JURY TRIAL AND CLASS ACTION WAIVER THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THIS AGREEMENT CAREFULLY.
1. Content and Ownership:
The materials, information and content made available or displayed on or in the App or otherwise provided by Company to you, and any derivative works thereof, whether made by us or you, (collectively, “Content”) are proprietary to us or our licensors and should be considered our confidential information. You acknowledge and agreement that as between you and Company, Company retains all right, title and interest in and to the Content, and the App, including but not limited to, software, code, proprietary methods and systems used to provide the App, and all related intellectual property rights thereto. Company reserves all rights not granted in this Agreement. Company is not responsible to ensure, and disclaims any responsibility for your ability to open, use or view the Content Company sends you pursuant to your request. You will immediately notify us in the event of any loss or unauthorized disclosure of any Content.
2. License Grant and Restrictions:
2.1 Subject to the terms of this Agreement, and only for so long as this Agreement is in effect, Company grants you a limited, non-exclusive, revocable, 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”) strictly in accordance with the App’s documentation; and
b. access, stream, download, and use on such Mobile Device the Content made available in or otherwise accessible through the App, strictly in accordance with this Agreement.
2.2 Licensee shall not:
a. copy the App or the Content, except as expressly permitted by this license;
b. modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the App or the Content;
c. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
d. use the Content or any part thereof to develop products or technologies similar to the products of Company;
e. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof;
f. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App, Content, or any features or functionality of the App, to any third party for any reason, including by making the App 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 App;
h. violate the rights of third parties; or
i. conduct or promote any illegal or harmful activities, misrepresent your identity, or otherwise use the App for any purpose other than which the App has been provided to you.
2.3 Company acknowledges that certain users of the App will be financial service professionals utilizing the App on behalf of such professional service provider’s clients. However, this App is a tool and is not a replacement for a professional service provider’s own opinions, judgments, or education. NOTHING IN THIS SECTION 2.3 SHALL BE CONSTRUED AS PROVIDING AN IMPLIED LICENSE TO USE THE APP FOR MORE THAN ONE PERSON. EACH INDIVIDUAL END USER MUST DOWNLOAD THE APP AND AGREE TO THE TERMS OF THIS AGREEMENT.
2.4 In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Company, the Content, the App, or related services (collectively “Feedback”), you agree Company may use the Feedback to modify our products and services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the App or through any other method of communication with us, unless Company has entered into a separate agreement with you that provides otherwise.
3. Reservation of Rights:
Certain of the names, logos, and other materials displayed in the App constitute trademarks, tradenames, service marks or logos (“Marks”) of Company or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App or Content under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserves and shall retain their entire right, title, and interest in and to the App and Content, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information:
You acknowledge that when you download, install, or use the App, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. To request certain Content, you may be required to provide us with your contact information, including your email address. Company may, in its sole discretion, then send you such Content in a format Company determines in its sole discretion. You agree to only provide us with true, accurate, current and complete information in any such request. Company reserves the right to reject your request and refuse to send you our Content. All information we collect through or in connection with this App is subject to our Privacy Policy located at: [INSERT AS LINK TO MOBILE APP PRIVACY POLICY]. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. The security of your personal information is important to us. While there is no such thing as “perfect security” on the Internet, Company will take reasonable safeguards to protect the safety of your personal information. However, you understand and agree that such steps do not guarantee that the App and the Website are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. You are solely responsible for securing your Mobile Device and any passwords associated with the App. Company shall not be liable for the release of your confidential information due to your failure to secure your Mobile Device or such passwords.
5. Website:
The App may provide you with access to Company’s website located at realintelligence360.com (the “Website”). Your access to and use of such Website are governed by the Website’s Terms of Use and Privacy Policy located at: [TERMS OF USE LINK] and [PRIVACY POLICY LINK], which are incorporated herein by this reference. Your access to and use of such Website may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website. Any violation of such Website Terms of Use will also be deemed a violation of this Agreement. You agree to follow any other user policies generally applicable to use of the App by end users, as provided by Company from time to time.
6. Geographic Restrictions:
The App and Content are based in the state of Connecticut in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the App or Content outside of the United States and that access thereto may not be legal by certain persons or in certain countries. Do not access the App or Content from outside the United States.
7. Updates:
7.1 Company may from time to time in its sole discretion develop and provide App updates, 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. You agree that Company 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.
7.2 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 App and be subject to all terms and conditions of this Agreement.
8. Third-Party Materials:
The App 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 Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company 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.
9. Term and Termination:
9.1 Term. The term of this Agreement commences when you download the App and will continue in effect until terminated by you or Company as set forth in this Section 9.
9.2 By You. You may terminate this Agreement by deleting the App and all copies thereof from your Mobile Device.
9.3 By Company. Company may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
9.4 Effective of Termination. Upon termination: (a) all rights granted to you under this Agreement will also terminate; and; (b) you must cease all use of the App and delete all copies of the App, including all Content, from your Mobile Device and account. Termination will not limit any of Company’s rights or remedies at law or in equity.
10. Payment and Taxes:
If you purchase any service through the App, you agree to pay any fees set forth at check-out. Company utilizes a third party (“Payment Provider”) to process payments. You must provide our Payment Provider with a valid credit card (Visa, MasterCard or any other issuer accepted by us) as a condition to such transactions. The Payment Provider’s policies govern the processing of your payment, and you must refer to those policies and not this Agreement to determine your rights and liabilities. By providing your credit card number and associated payment information through the App, you authorize us through our Payment Provider to immediately invoice you for all fees and charges due and payable to us hereunder, and you agree that no additional notice or consent is required. Company reserves the right at any time to change our payment terms, either immediately upon posting on the App, by email delivery to you or any other reasonable method of communication. The service fees are exclusive of any applicable sales, use, or excise tax, or other applicable tax (collectively “Taxes”). If the fees are subject to Taxes in any jurisdiction, you will be responsible for payment of such Taxes, and any related penalties or interest and will indemnify us for any liability or expense Company may incur in connection with such Taxes. Company may automatically charge and withhold such taxes within any jurisdictions that Company deems is required.
11. Disclaimer of Warranties and Certain Liability:
THE APP IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, 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 APP, 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, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. COMPANY HEREBY DISCLAIMS ANY LIABILITY FOR HARM TO HARDWARE CAUSED OR RESULTING FROM DOWNLOADING OR USING THE APP. THIS APP IS INTENDED TO BE USED AS A TOOL TO AIDE IN THE UNDERSTANDING OF FINANCIAL INFORMATION, BUT IS NOT INTENDED TO REPLACE THE PROFESSIONAL SERVICES OF A FINANCIAL PLANNER, LEGAL SERVICE PROVIDER, TAX PROFESSIONAL, OR OTHER FINANCIAL SERVICE PROFESSIONAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RESULTS YIELDED FROM THE PERFORMANCE OF THIS APP AND THE CALCULATIONS CONTAINED THEREIN MAY NOT BE INDICATIVE OF FUTURE RESULTS AND ARE NOT A GUARANTEE OF A SPECIFIED OUTCOME. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT THERE ARE A NUMBER OF VARIABLES THAT MAY DETERMINE SPECIFIC FINANCIAL OUTCOMES, INCLUDING BUT NOT LIMITED TO CHANGE IN MARKET FORCES, CHANGES IN LAW, CHANGES IN THE ECONOMY, EDUCATION COSTS, VARYING LOAN AND MORTGAGE RATES, INFLATION, VARIATIONS IN THE NATURE OF INVESTMENT RETURNS, AND OTHER VARIABLES BEYOND OUR REASONABLE CONTROL, AND THUS ANY RESULTS OBTAINED THROUGH THE APP MAY NOT BE ACCURATE OR CORRECT. COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND RELATED TO ANY SUCH RESULTS OR OUTPUT. COMPANY SHALL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY ADVICE GIVEN BY A SERVICE PROFESSIONAL UTILIZING THIS APP IN CONNECTION WITH PROVIDING PROFESSIONAL SERVICES TO ITS CLIENTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO CONTENT, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE APP OR OTHERWISE PROVIDED BY COMPANY WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT.
12. Limitation of Liability:
YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE ACCESS TO THE APP IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES.
12.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, AGENTS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, 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 CONTENT FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, DATA BREACHES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED $100.00.
12.2 IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY USER OF THE APP. THE FOREGOING LIMITATIONS IN THIS SECTION 12 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 COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 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. TO THE EXTENT THAT COMPANY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
13. Indemnification:
You agree to indemnify, defend, and hold harmless Company 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: (i) your use or misuse of the Content or App, including but not limited to legal, financial, or tax advice provided to your client, or if a client, provided by your professional service provider, in connection with use of this App; or (ii) your breach of this Agreement, including but not limited to the content you submit or make available through this App; (iii) your violation of any rights of any other person or entity; (iv) any viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into the App; (v) any data breach caused by you; and (vi) your negligence in connection with use of this App.
14. App is a Tool:
Company is not a financial planner, broker, or tax advisor and therefore COMPANY IS NOT PROVIDING LEGAL, TAX OR FINANCIAL ADVICE UNDER THIS AGREEMENT. The App is intended only to assist you in your understanding of financial organization and decision-making and is intentionally broad in scope. Your personal financial situation is unique, and any information and investing strategies obtained through the App may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should obtain additional information and advice from your accountant or other financial advisers who is fully aware of your individual circumstances. COMPANY IS NOT LIABLE FOR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED UPON INFORMATION YOU RECEIVED THROUGH THE APP AND SPECIFICALLY COMPANY IS NOT LIABLE FOR ANY LOSSES YOU SUFFER AS A RESULT OF ANY SUCH ACTION OR INACTION. The App is provided as a convenience and is not intended to be used to replace any other decisioning method or tool that you use and should not be relied upon to provided financial services to third parties, such as clients or customers. COMPANY SHALL NOT BE HELD LIABLE FOR ACTIONS OR OMISSIONS OF THIRD PARTIES.
15. Apple App Store Requirements:
The following requirements apply only if you are downloading and using the App from the Apple App Store.
15.1 You acknowledge that this Agreement is between you and Company and not with the Apple App Store.
15.2 Company, or its third party service providers, not the Apple App Store, is solely responsible for the App, the content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement), or as required under applicable law. Company and you both acknowledge and agree that the Apple App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
15.3 The Apple App Store may have its own terms and conditions to which you must agree before downloading the App. You agree to comply with all applicable Supplemental Terms, agreements, terms and conditions of use or service, and other policies of the App Store (“Usage Rules”). To the extent this Agreement provides for usage rules for the App that are less restrictive than the Usage Rules, the more restrictive or conflicting term applies.
15.4 The license granted to you for the App is limited to a non-transferable license to use the App on a device that you own or control and as permitted by the Usage Rules. You agree to pay all fees charged by the App Store in connection with the App.
15.5 You agree that the App Store provider (and its subsidiaries) is a third party beneficiary of this Agreement and will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. You are solely responsible for providing and paying for the costs for any mobile device and any mobile voice, data and/or other service plans used in connection with the App.
15.6 Company and not the App Store are responsible for any product warranties not disclaimed under this Agreement. In the event of any failure of the App to conform to any applicable warranty, you may notify the Apple App Store, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility or Company.
15.7 Company and you each acknowledge and agree that Company, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
15.8 Company and you each acknowledge and agree that in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
15.9 You must comply with applicable third party terms of agreement when using the App.
16. Export Regulation:
The App may be subject to US export control laws, including the Export Control Reform 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. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
17. 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.
18. 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.
19. Entire Agreement:
Except as stated herein with respect to the Supplemental Terms, Usage Rules, and the Website Terms of Use, this Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the App and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the App. If there is a conflict between the foregoing and this Agreement, the following order of precedence shall control: (1) Usage Rules; (2) Supplemental Terms; (3) Privacy Policy; (4) this Agreement; (5) Website Terms of Use; then (6) any other policy enacted by Company.
20. 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 provided by you, the terms of this Agreement shall govern.
21. Modifications to Agreement:
Company may change the terms of the Agreement from time to time on a going-forward basis. Company will notify you of any such material changes by posting notice of the changes in the App, and/or, in our sole discretion, by email. Any such modifications become effective upon the earlier to occur of: (i) your acknowledgement of such modifications; or (ii) your continued access to and/or use of the App after Company posts notice of such modifications. If you do not agree to any changes, if and when such changes may be made, you must cease access to and use of the App.
22. Modification to App:
COMPANY RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE APP WITH OR WITHOUT NOTICE TO YOU. COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD COMPANY EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE APP OR ANY RELATED SERVICES. IF YOU OBJECT TO ANY SUCH CHANGES, YOUR SOLE RECOURSE WILL BE TO CEASE ACCESS TO AND USE OF THE APP. CONTINUED ACCESS TO AND USE OF THE APP FOLLOWING NOTICE OF ANY SUCH CHANGES WILL INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND SATISFACTION WITH THE APP AS SO MODIFIED. YOU AGREE THAT COMPANY MAY IMMEDIATELY TERMINATE YOUR ACCESS TO APP AT ANY TIME, FOR ANY REASON, IN OUR SOLE DISCRETION. YOU AGREE THAT COMPANY WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE APP OR CONTENT.
23. Force Majeure:
Without limiting the foregoing, under no circumstances will Company or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
24. Electronic Communications:
Company can only give you the benefits of our service by conducting business through the Internet, and therefore Company needs you to consent to our giving you Communications electronically. For contractual purposes, you: (i) consent to receive Communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that Company provides to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of the Agreement by accessing this App. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the App. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.
25. Notice and Complaints:
You may notify Company with any questions, complaints, claims related to the App, including but not limited to intellectual property claims. Our copyright agent for notice of claims of copyright infringement in the App can be reached by mail at: Copyright Agent, Real Intelligence, LLC, 14 Knollwood Drive, Fairfield, CT 06824 or by email at [info@realintelligence360.com]. You must give notice to us in writing via email to [info@realintelligence.com] or as otherwise expressly provided. Please report any violations of the Agreement, or reach out to us with questions related to this Agreement or the App at [info@realintelligence.com].
26. Governing Law:
This Agreement is governed by and construed in accordance with the internal laws of the State of Connecticut 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 App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Connecticut in each case located in Bridgeport and Fairfield County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. EACH PARTY HERETO AGREES TO WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN CLASS ACTION LAWSUITS.
27. Survival:
Sections 1, 2.3, 2.4, 3, 8, 9, 10 and 11 through 27, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the App, will survive the expiration or termination of the Agreement for any reason.
BY CLICKING THE “I AGREE” BUTTON BELOW, YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT: (1) YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT; (2) YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (3) ANY SUITS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; (4) CLASS ACTIONS ARE NOT PERMITTED; (5) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (6) YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (7) YOU 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 APP AND IMMEDIATELY DELETE IT FROM YOUR MOBILE DEVICE.
I AGREE
4831-6804-4464 v2
