Updated on June 16, 2025
Updated on June 16, 2025
Terms of Use
Welcome! This Terms of Use Agreement (these “Terms of Use”) explain the terms for using ACCESSOS’s (“AccesSOS,” “we,” “us,” or “our”) websites located at www.accessos.io, www.text911.info, and https://contact911.org/, including the progressive web application therein, (collectively our “Website”), mobile applications for iOS and Android (collectively, our “App”), and the services available, accessible, or enabled via the Websites or App (together with the Website and App, each a “Service” and, collectively, our “Services”). These Terms of Use, AccesSOS’s Privacy Policy and any applicable Supplemental Terms, as defined below (collectively, the “Agreement”), apply to all visitors, users, and others who access the Services (each a “User”). Please read this Agreement carefully before accessing or using the Services.
PLEASE NOTE THAT OUR SERVICES ARE DESIGNED AS AN ALTERNATIVE MEANS OF CONNECTING YOU WITH EMERGENCY SERVICES, THAT, IN TURN, RELY ON THE FUNCTIONALITY OF CERTAIN THIRD PARTY SERVICES THAT MAY NOT BE AVAILABLE IN ALL AREAS. YOU SHOULD NOT RELY SOLELY ON OUR SERVICES IN AN EMERGENCY, AND SHOULD CONTINUE TO TRY TO RECEIVE HELP FROM OTHER SOURCES. WE ARE IN NO WAY RESPONSIBLE FOR THE PROVISION OF EMERGENCY SERVICES.
FALSE REPORTING MAY BE A CRIME IN YOUR JURISDICTION. ACCESSOS ACTS ONLY AS A SERVICE PROVIDER AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH YOUR USE OF OUR SERVICES TO REPORT ANY FALSE OR INTENTIONALLY MISLEADING INFORMATION. THE SERVICES ARE ONLY INTENDED TO BE USED IN CONNECTION WITH EMERGENCIES.
CERTAIN OF OUR SERVICES RELY ON YOU ENABLING LOCATION AND SMS ACCESS ON THE DEVICE THROUGH WHICH YOU ACCESS SUCH SERVICES. PLEASE ENSURE THAT YOU HAVE ENABLED ALL REQUIRED ACCESS BEFORE ATTEMPTING TO USE THE APPLICABLE SERVICE.
BY CLICKING ON THE “I ACCEPT” BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP, OR OTHERWISE ACCESSING OR USING OUR SERVICES, YOU REPRESENT THAT (A) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE AGREEMENT; (B) YOU ARE ELIGIBLE TO USE THE SERVICES; AND (C) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU MAY NOT USE OUR SERVICES. THE TERM “YOU” REFERS TO THE INDIVIDUAL IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE OR THE APP OR THE INDIVIDUAL WHO ACCESSES THE SERVICES.
SECTION 14 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND ACCESSOS. AMONG OTHER THINGS, SECTION 14 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 14 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 14 (ARBITRATION AGREEMENT) CAREFULLY.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 14) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 14.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
By accessing or using the Services you agree and consent to AccesSOS’s collection and use of personal information as set forth in AccesSOS’s Privacy Policy.
Your use of certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you on the Services. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The applicable Supplemental Terms are hereby incorporated by reference.
PLEASE NOTE THAT IF YOU OPT-IN TO OBTAIN TEXT MESSAGES FROM ACCESSOS, SECTION 1.4(b) (ACCESSOS COMMUNICATIONS) OF THIS AGREEMENT BELOW CONTAINS TERMS RELATED TO OUR TEXT MESSAGE SERVICES.
THE SERVICES ARE ONLY FOR USE IN THE UNITED STATES. WE DO NOT GUARANTEE THAT THE SERVICES WILL WORK IN ALL JURISDICTIONS BECAUSE THE FUNCTIONALITY OF THE SERVICES DEPEND ON THE JURISDICTION HAVING CERTAIN FEATURES AVAILABLE. WE MAY PROVIDE CERTAIN SERVICES IN LANGUAGES OTHER THAN ENGLISH. THESE TRANSLATED SERVICES ARE PROVIDED SOLELY AS A COURTESY TO YOU, AND WE DO NOT GUARANTEE THAT ANY TRANSLATION OF THE SERVICES INTO ANY NON-ENGLISH LANGUAGE IS ACCURATE OR COMPLETE. NOTWITHSTANDING ANY SERVICES THAT YOU MAY BE ABLE TO ACCESS IN OTHER LANGUAGES, THIS ENGLISH LANGUAGE VERSION OF THE AGREEMENT SHALL CONTROL YOUR ACCESS TO AND USE OF SUCH SERVICES.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY ACCESSOS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, AccesSOS will make a new copy of the Agreement available through the Services, and any new Supplemental Terms will be made available from within, or through, the affected Service. We will also update the “Last Updated” date at the top of the Terms of Use Agreement. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2.2 below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new Users of the Services and will be effective for existing Users the sooner of (i) thirty (30) days after posting notice of such changes on the App or Website; (ii) thirty (30) days after dispatch of an e-mail notice of such changes to Users; or (iii) upon such Users’ affirmative consent to the updated Agreement. AccesSOS may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).
Welcome! This Terms of Use Agreement (these “Terms of Use”) explain the terms for using ACCESSOS’s (“AccesSOS,” “we,” “us,” or “our”) websites located at www.accessos.io, www.text911.info, and https://contact911.org/, including the progressive web application therein, (collectively our “Website”), mobile applications for iOS and Android (collectively, our “App”), and the services available, accessible, or enabled via the Websites or App (together with the Website and App, each a “Service” and, collectively, our “Services”). These Terms of Use, AccesSOS’s Privacy Policy and any applicable Supplemental Terms, as defined below (collectively, the “Agreement”), apply to all visitors, users, and others who access the Services (each a “User”). Please read this Agreement carefully before accessing or using the Services.
PLEASE NOTE THAT OUR SERVICES ARE DESIGNED AS AN ALTERNATIVE MEANS OF CONNECTING YOU WITH EMERGENCY SERVICES, THAT, IN TURN, RELY ON THE FUNCTIONALITY OF CERTAIN THIRD PARTY SERVICES THAT MAY NOT BE AVAILABLE IN ALL AREAS. YOU SHOULD NOT RELY SOLELY ON OUR SERVICES IN AN EMERGENCY, AND SHOULD CONTINUE TO TRY TO RECEIVE HELP FROM OTHER SOURCES. WE ARE IN NO WAY RESPONSIBLE FOR THE PROVISION OF EMERGENCY SERVICES.
FALSE REPORTING MAY BE A CRIME IN YOUR JURISDICTION. ACCESSOS ACTS ONLY AS A SERVICE PROVIDER AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH YOUR USE OF OUR SERVICES TO REPORT ANY FALSE OR INTENTIONALLY MISLEADING INFORMATION. THE SERVICES ARE ONLY INTENDED TO BE USED IN CONNECTION WITH EMERGENCIES.
CERTAIN OF OUR SERVICES RELY ON YOU ENABLING LOCATION AND SMS ACCESS ON THE DEVICE THROUGH WHICH YOU ACCESS SUCH SERVICES. PLEASE ENSURE THAT YOU HAVE ENABLED ALL REQUIRED ACCESS BEFORE ATTEMPTING TO USE THE APPLICABLE SERVICE.
BY CLICKING ON THE “I ACCEPT” BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP, OR OTHERWISE ACCESSING OR USING OUR SERVICES, YOU REPRESENT THAT (A) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE AGREEMENT; (B) YOU ARE ELIGIBLE TO USE THE SERVICES; AND (C) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, THEN YOU MAY NOT USE OUR SERVICES. THE TERM “YOU” REFERS TO THE INDIVIDUAL IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE OR THE APP OR THE INDIVIDUAL WHO ACCESSES THE SERVICES.
SECTION 14 (ARBITRATION AGREEMENT) CONTAINS PROVISIONS THAT GOVERN HOW TO RESOLVE DISPUTES BETWEEN YOU AND ACCESSOS. AMONG OTHER THINGS, SECTION 14 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 14 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 14 (ARBITRATION AGREEMENT) CAREFULLY.
UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (AS DEFINED IN SECTION 14) WITHIN THIRTY (30) DAYS IN ACCORDANCE WITH SECTION 14.10 (30-DAY RIGHT TO OPT OUT): (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
By accessing or using the Services you agree and consent to AccesSOS’s collection and use of personal information as set forth in AccesSOS’s Privacy Policy.
Your use of certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you on the Services. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The applicable Supplemental Terms are hereby incorporated by reference.
PLEASE NOTE THAT IF YOU OPT-IN TO OBTAIN TEXT MESSAGES FROM ACCESSOS, SECTION 1.4(b) (ACCESSOS COMMUNICATIONS) OF THIS AGREEMENT BELOW CONTAINS TERMS RELATED TO OUR TEXT MESSAGE SERVICES.
THE SERVICES ARE ONLY FOR USE IN THE UNITED STATES. WE DO NOT GUARANTEE THAT THE SERVICES WILL WORK IN ALL JURISDICTIONS BECAUSE THE FUNCTIONALITY OF THE SERVICES DEPEND ON THE JURISDICTION HAVING CERTAIN FEATURES AVAILABLE. WE MAY PROVIDE CERTAIN SERVICES IN LANGUAGES OTHER THAN ENGLISH. THESE TRANSLATED SERVICES ARE PROVIDED SOLELY AS A COURTESY TO YOU, AND WE DO NOT GUARANTEE THAT ANY TRANSLATION OF THE SERVICES INTO ANY NON-ENGLISH LANGUAGE IS ACCURATE OR COMPLETE. NOTWITHSTANDING ANY SERVICES THAT YOU MAY BE ABLE TO ACCESS IN OTHER LANGUAGES, THIS ENGLISH LANGUAGE VERSION OF THE AGREEMENT SHALL CONTROL YOUR ACCESS TO AND USE OF SUCH SERVICES.
PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY ACCESSOS IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, AccesSOS will make a new copy of the Agreement available through the Services, and any new Supplemental Terms will be made available from within, or through, the affected Service. We will also update the “Last Updated” date at the top of the Terms of Use Agreement. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2.2 below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Agreement. Any changes to the Agreement will be effective immediately for new Users of the Services and will be effective for existing Users the sooner of (i) thirty (30) days after posting notice of such changes on the App or Website; (ii) thirty (30) days after dispatch of an e-mail notice of such changes to Users; or (iii) upon such Users’ affirmative consent to the updated Agreement. AccesSOS may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).
Services Overview
1.1 Emergency Services. AccesSOS provides services that help facilitate access to emergency services by sending Your Information (as defined in Section 2.2) you share with us via the Services to a third-party service provider, who is then prompted to contact the appropriate emergency services on your behalf, as further described herein (“Emergency Services”). While our goal is to make our Services as technologically accessible as possible and to increase access to emergency services, AccesSOS does not guarantee that our Services will be accessible for all Users.
1.2. Mental Health Services. AccesSOS provides services that help facilitate access to mental health services by sending Your Information you share with us via the Services to match you to mental health services and/or providers (“Mental Health Services”). Mental Health Services shall be provided on a third-party platform, or otherwise by a third party provider. AccesSOS does not guarantee that the Mental Health Service will be the right match to your needs. Changes to Mental Health Services shall be set forth in the applicable terms and conditions of the respective third-party platform. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICES. IF YOU ARE SUICIDAL OR ARE EXPERIENCING SUICIDAL THOUGHTS, IMMEDIATELY CALL 911 OR CONTACT A SUICIDE PREVENTION HOTLINE SUCH AS THE NATIONAL SUICIDE PREVENTION LIFELINE AT 1-800-273-8255. IF YOU ARE OUTSIDE OF THE UNITED STATES, PLEASE CONTACT YOUR LOCAL CRISIS LINE: www.iasp.info/crisis-centres-helplines/. Any future release, update, or other addition to our Services shall be subject to the Agreement.
1.3. Third-Party Emergency Service Provider. AccesSOS may use Noonlight, Inc., Crisis Text Line, or other third-party service providers to help connect you to emergency service and mental health providers (each, an “Emergency Service Provider”). Your Information is conveyed to the Emergency Service Provider via an application programming interface (“API”), or similar functionality, and the Emergency Service Provider may subsequently be prompted to contact the User to confirm their safety, as well as the relevant emergency or mental health responder to provide Your Information. By using our Services to report an emergency or seek Mental Health Services, you agree to be bound by the Emergency Service Provider’s privacy policy and terms and conditions, any of which may be updated from time to time, and hereby consent and authorize AccesSOS and the Emergency Service Provider to share Your Information and instructions you provide with one or more Emergency Service Provider(s) as required to help facilitate emergency and mental health services. You should only provide the information you want Emergency Service Providers to have access to, but the Services or certain aspects of the Services may not be available to you if you do not provide the full information required by the application interface. PLEASE NOTE THAT OUR SERVICES HELP FACILITATE ACCESS TO CERTAIN THIRD-PARTY SERVICES. WE ARE IN NO WAY RESPONSIBLE FOR ANY SUCH THIRD-PARTY SERVICES OR FOR THE ACTS OR FAILURE TO ACT BY ANY THIRD-PARTY SERVICE PROVIDERS, EMERGENCY RESPONDERS, 911 OR EMERGENCY DISPATCHERS, AND/OR EMERGENCY SERVICE PROVIDERS (INCLUDING NOONLIGHT AND CRISIS TEXT LINE). WE ARE IN NO WAY RESPONSIBLE FOR THE PROVISION OF EMERGENCY SERVICES OR MENTAL HEALTH SERVICES.
1.4. AccesSOS Communications. Communications from us, our affiliated companies, Emergency Service Providers, and Mental Health Services, as well as communications concerning your emergency may include but are not limited to: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, and news concerning the Services and industry developments.
(a) Email Notifications. By entering into this Agreement or using the Services, you agree to receive communications from us, the Emergency Service Providers, and Mental Health Services, including via e-mail, calls, and push notifications. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that AccesSOS provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. IF YOU WISH TO OPT OUT OF NEWSLETTER OR INFORMATIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE NEWSLETTER/INFORMATIONAL EMAIL ITSELF.
(b) Text Message Services. AccesSOS may offer one or more mobile message programs (collectively, the “Message Service”) that allows users to receive SMS/MMS mobile messages by opting-in such as through online or App-based enrollment. Regardless of the opt-in method you use to enroll, you agree that your use of the Message Service is governed by this Agreement. We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you. Message and data rates may apply. By enrolling a telephone number in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the number you specify at any time of day, and you represent that you are authorized to receive mobile messages at such number. The messages sent through the Message Service may include operational or marketing communications from us, our affiliated companies, Emergency Service Providers, and Mental Health Services, as well as communications concerning your emergency. You agree that these messages may be transmitted using an automatic telephone dialing system (“ATDS”), other automated systems for the selection or dialing of telephone numbers, or different technology. Your consent to receive marketing or advertising messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services. While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system. Message frequency varies. If you do not wish to receive non-emergency communications through a Message Service program we offer, you agree to reply STOP to any mobile message you receive from that program to opt out from non-emergency messages. You may receive an additional mobile message confirming your decision to opt out. You will also continue to receive all emergency communications. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP keyword command, such as the use of different spellings or the addition of other words or phrases to the command. To the extent you subscribe to more than one Message Service program that we operate, you must unsubscribe from each program separately. For Message Service support or assistance, text the HELP keyword in response to any message you receive through the Message Service or email us at hello@accessos.io. Please note that the use of this email address is not an acceptable method of opting out of Message Service. Opt outs must be submitted in accordance with the procedures set forth above. We may change any short code or telephone number we use to operate the Message Service at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages. The Message Service may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control. We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages. If you decide to change your mobile phone number, you agree to first opt out of each Message Service program in which your number is enrolled. For clarity, you acknowledge and agree that any disputes between you and us related to the Message Service will be governed by Section 14.
1.5. Location Information. The Services include location information features that collect and share your location information (“Location Features”). These Location Features may not work for certain reasons, such as if the device’s settings to allow the collection and sharing of location information are not enabled or if the device is not connected to a Wi-Fi network. We may not be able to provide the Services or portions of the Services if your Location Features are not enabled or if you have not granted us access to such Location Features. By using any Service designed to collect and share information, you represent and warrant that you have consented to use such Service and to allow it to access and collect such information.
1.1 Emergency Services. AccesSOS provides services that help facilitate access to emergency services by sending Your Information (as defined in Section 2.2) you share with us via the Services to a third-party service provider, who is then prompted to contact the appropriate emergency services on your behalf, as further described herein (“Emergency Services”). While our goal is to make our Services as technologically accessible as possible and to increase access to emergency services, AccesSOS does not guarantee that our Services will be accessible for all Users.
1.2. Mental Health Services. AccesSOS provides services that help facilitate access to mental health services by sending Your Information you share with us via the Services to match you to mental health services and/or providers (“Mental Health Services”). Mental Health Services shall be provided on a third-party platform, or otherwise by a third party provider. AccesSOS does not guarantee that the Mental Health Service will be the right match to your needs. Changes to Mental Health Services shall be set forth in the applicable terms and conditions of the respective third-party platform. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE IF YOU ARE UNABLE TO ACCESS THE SERVICES. IF YOU ARE SUICIDAL OR ARE EXPERIENCING SUICIDAL THOUGHTS, IMMEDIATELY CALL 911 OR CONTACT A SUICIDE PREVENTION HOTLINE SUCH AS THE NATIONAL SUICIDE PREVENTION LIFELINE AT 1-800-273-8255. IF YOU ARE OUTSIDE OF THE UNITED STATES, PLEASE CONTACT YOUR LOCAL CRISIS LINE: www.iasp.info/crisis-centres-helplines/. Any future release, update, or other addition to our Services shall be subject to the Agreement.
1.3. Third-Party Emergency Service Provider. AccesSOS may use Noonlight, Inc., Crisis Text Line, or other third-party service providers to help connect you to emergency service and mental health providers (each, an “Emergency Service Provider”). Your Information is conveyed to the Emergency Service Provider via an application programming interface (“API”), or similar functionality, and the Emergency Service Provider may subsequently be prompted to contact the User to confirm their safety, as well as the relevant emergency or mental health responder to provide Your Information. By using our Services to report an emergency or seek Mental Health Services, you agree to be bound by the Emergency Service Provider’s privacy policy and terms and conditions, any of which may be updated from time to time, and hereby consent and authorize AccesSOS and the Emergency Service Provider to share Your Information and instructions you provide with one or more Emergency Service Provider(s) as required to help facilitate emergency and mental health services. You should only provide the information you want Emergency Service Providers to have access to, but the Services or certain aspects of the Services may not be available to you if you do not provide the full information required by the application interface. PLEASE NOTE THAT OUR SERVICES HELP FACILITATE ACCESS TO CERTAIN THIRD-PARTY SERVICES. WE ARE IN NO WAY RESPONSIBLE FOR ANY SUCH THIRD-PARTY SERVICES OR FOR THE ACTS OR FAILURE TO ACT BY ANY THIRD-PARTY SERVICE PROVIDERS, EMERGENCY RESPONDERS, 911 OR EMERGENCY DISPATCHERS, AND/OR EMERGENCY SERVICE PROVIDERS (INCLUDING NOONLIGHT AND CRISIS TEXT LINE). WE ARE IN NO WAY RESPONSIBLE FOR THE PROVISION OF EMERGENCY SERVICES OR MENTAL HEALTH SERVICES.
1.4. AccesSOS Communications. Communications from us, our affiliated companies, Emergency Service Providers, and Mental Health Services, as well as communications concerning your emergency may include but are not limited to: operational communications concerning your Account or the use of the Services, updates concerning new and existing features on the Services, and news concerning the Services and industry developments.
(a) Email Notifications. By entering into this Agreement or using the Services, you agree to receive communications from us, the Emergency Service Providers, and Mental Health Services, including via e-mail, calls, and push notifications. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that AccesSOS provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. IF YOU WISH TO OPT OUT OF NEWSLETTER OR INFORMATIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE NEWSLETTER/INFORMATIONAL EMAIL ITSELF.
(b) Text Message Services. AccesSOS may offer one or more mobile message programs (collectively, the “Message Service”) that allows users to receive SMS/MMS mobile messages by opting-in such as through online or App-based enrollment. Regardless of the opt-in method you use to enroll, you agree that your use of the Message Service is governed by this Agreement. We do not charge for the Message Service, but you are responsible for all charges and fees associated with mobile messaging imposed by your wireless carrier and you acknowledge that your carrier may charge you or deduct usage credit from your account when you text us or we send messages to you. Message and data rates may apply. By enrolling a telephone number in the Message Service, you authorize us to send recurring SMS and MMS mobile messages to the number you specify at any time of day, and you represent that you are authorized to receive mobile messages at such number. The messages sent through the Message Service may include operational or marketing communications from us, our affiliated companies, Emergency Service Providers, and Mental Health Services, as well as communications concerning your emergency. You agree that these messages may be transmitted using an automatic telephone dialing system (“ATDS”), other automated systems for the selection or dialing of telephone numbers, or different technology. Your consent to receive marketing or advertising messages via an ATDS or other automated system for the selection or dialing of numbers is not required (directly or indirectly) as a condition of purchasing any property, goods or services. While you consent to receive messages sent using an ATDS, the foregoing shall not be interpreted to suggest or imply that any or all of our messages are sent using such a system. Message frequency varies. If you do not wish to receive non-emergency communications through a Message Service program we offer, you agree to reply STOP to any mobile message you receive from that program to opt out from non-emergency messages. You may receive an additional mobile message confirming your decision to opt out. You will also continue to receive all emergency communications. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP keyword command, such as the use of different spellings or the addition of other words or phrases to the command. To the extent you subscribe to more than one Message Service program that we operate, you must unsubscribe from each program separately. For Message Service support or assistance, text the HELP keyword in response to any message you receive through the Message Service or email us at hello@accessos.io. Please note that the use of this email address is not an acceptable method of opting out of Message Service. Opt outs must be submitted in accordance with the procedures set forth above. We may change any short code or telephone number we use to operate the Message Service at any time with notice to you. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we are not responsible for honoring requests made in such messages. The Message Service may not be available in all areas or supported by all carriers or all devices. Check with your carrier for details. Delivery of mobile messages is subject to effective transmission from your wireless carrier/network operator and is outside of our control. We and the wireless carriers supported by the Message Service are not liable for any failed, delayed or undelivered messages. If you decide to change your mobile phone number, you agree to first opt out of each Message Service program in which your number is enrolled. For clarity, you acknowledge and agree that any disputes between you and us related to the Message Service will be governed by Section 14.
1.5. Location Information. The Services include location information features that collect and share your location information (“Location Features”). These Location Features may not work for certain reasons, such as if the device’s settings to allow the collection and sharing of location information are not enabled or if the device is not connected to a Wi-Fi network. We may not be able to provide the Services or portions of the Services if your Location Features are not enabled or if you have not granted us access to such Location Features. By using any Service designed to collect and share information, you represent and warrant that you have consented to use such Service and to allow it to access and collect such information.
Accounts and Registration
2.1. Account Eligibility. The Services are not intended for use by anyone under thirteen (13) years of age. If you are under the age of eighteen (18), you may use our Services only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by the Agreement. If you are a parent or legal guardian of a user under the age of eighteen (18), you consent to the Agreement on behalf of such user and you are fully responsible for the acts of such user in relation to our Services. By agreeing to the Agreement, you represent and warrant to us that: (a) you are eligible to use the Services; (b) you have not previously been suspended or removed from our Services; (c) your registration and your use of our Services is in compliance with any and all applicable laws and regulations; and (d) you are using the Services in your individual capacity, and not on behalf of an entity, organization, or company.
2.2. Account Creation. In order to access certain Services, you may be required to register for an account on the Services (“Account”). When you register for an Account or use the Services, you may be required to provide us with information about yourself, including your name, phone number, description of the emergency, location, e-mail address, and other personal information (“Your Information”). You agree that the information you provide to us is accurate and that you will keep Your Information accurate and up-to-date at all times. For more information on how we use and disclose this information, please see our Privacy Policy. If you provide any information that is untrue, inaccurate, not current or incomplete, or AccesSOS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AccesSOS has the right to suspend or terminate your Account and refuse any and all current or future use of our Services. The Services or certain aspects of the Services may not be available to you if you do not provide accurate, current or complete information to the application interface.
2.3. Account Responsibilities. You are solely responsible for locking your device and/or logging out of the Website and/or App to protect the privacy of the information on your device. You accept full responsibility for all activities that occur under your Account, whether or not you know about them. You agree to immediately notify AccesSOS of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security at hello@accessos.io. AccesSOS cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.4. No Ownership or Interests. We may, without prior notice, change or stop providing the Services or any portion thereof. We may permanently or temporarily terminate or suspend your access to the Services or any portion thereof without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of AccesSOS.
2.1. Account Eligibility. The Services are not intended for use by anyone under thirteen (13) years of age. If you are under the age of eighteen (18), you may use our Services only with the consent and under the supervision of a parent or legal guardian who agrees to be bound by the Agreement. If you are a parent or legal guardian of a user under the age of eighteen (18), you consent to the Agreement on behalf of such user and you are fully responsible for the acts of such user in relation to our Services. By agreeing to the Agreement, you represent and warrant to us that: (a) you are eligible to use the Services; (b) you have not previously been suspended or removed from our Services; (c) your registration and your use of our Services is in compliance with any and all applicable laws and regulations; and (d) you are using the Services in your individual capacity, and not on behalf of an entity, organization, or company.
2.2. Account Creation. In order to access certain Services, you may be required to register for an account on the Services (“Account”). When you register for an Account or use the Services, you may be required to provide us with information about yourself, including your name, phone number, description of the emergency, location, e-mail address, and other personal information (“Your Information”). You agree that the information you provide to us is accurate and that you will keep Your Information accurate and up-to-date at all times. For more information on how we use and disclose this information, please see our Privacy Policy. If you provide any information that is untrue, inaccurate, not current or incomplete, or AccesSOS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AccesSOS has the right to suspend or terminate your Account and refuse any and all current or future use of our Services. The Services or certain aspects of the Services may not be available to you if you do not provide accurate, current or complete information to the application interface.
2.3. Account Responsibilities. You are solely responsible for locking your device and/or logging out of the Website and/or App to protect the privacy of the information on your device. You accept full responsibility for all activities that occur under your Account, whether or not you know about them. You agree to immediately notify AccesSOS of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security at hello@accessos.io. AccesSOS cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.4. No Ownership or Interests. We may, without prior notice, change or stop providing the Services or any portion thereof. We may permanently or temporarily terminate or suspend your access to the Services or any portion thereof without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of AccesSOS.
License
3.1. User Limited License. Subject to your complete and ongoing compliance with the Agreement, AccesSOS grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, freely revocable license to: (a) install one copy of our App downloaded from a legitimate app store or distribution platform, such as the Apple App Store, Google Play, or the Amazon Appstore, where the App is made available (each, an “App Provider”), and to use such App so installed solely in object code format and solely for lawful purposes, on mobile devices that you alone own or control; and (b) access and use our Services, including the progressive web application, solely for lawful purposes. The foregoing license grant is not a sale of the Services or any portion thereof, including the App, and AccesSOS or its third-party partners or suppliers retain all right, title, and interest in the Services and all copies thereof.
3.2. License Restrictions. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, by using our Services, you agree not to engage in any prohibited conduct as stated in Section 7. If you access or download our App through the Apple App Store (“iOS App”), you will only use the iOS App (a) on an Apple-branded product that runs Apple’s proprietary operating system (e.g., iOS); and (b) as permitted by Section 6.5. AccesSOS, its suppliers and service providers reserve all rights not granted in the Agreement. AccesSOS may terminate your license for any unauthorized use of our Services or breach of this Agreement. AccesSOS, its suppliers, and service providers reserve all rights not granted in the Agreement. Any unauthorized use of our Services terminates the licenses granted by AccesSOS pursuant to the Agreement.
3.3. Updates. You understand that our Services may evolve over time. As a result, AccesSOS may require you to accept updates to our Services that you have installed on your computer or mobile device. You acknowledge and agree that AccesSOS may update our Services with or without notifying you. You may need to update third-party software or operating systems from time to time in order to use our Services. Each of the terms “App” and “Services”, as used herein, includes any update or modification to such App or Services made available to you by AccesSOS, unless AccesSOS provides separate terms in connection with such update or modification. Unless otherwise stated at the time of download, any future release, update or other addition to our Services shall be subject to the then current version of the Agreement.
3.4. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to our Service (“Feedback”), then you hereby grant AccesSOS an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve our Services and create other products and services.
3.5. Aggregate Data. AccesSOS may use the analytics, statistics, or other data related to a User’s use of the Services (“Usage Data”) to provide and improve the Services, comply with applicable law, and in any other manner or for any other purpose it sees fit, provided that (a) such Usage Data is aggregated with data from other AccesSOS users in a manner that does not allow Usage Data to be separated from such aggregate data and identified as relating to such User; and (b) if the Usage Data is not aggregated and/or the Usage Data can be identified as relating to User, then (i) AccesSOS may only use such Usage Data for internal purposes; and (ii) AccesSOS may not publish, share or otherwise distribute such Usage Data.
3.1. User Limited License. Subject to your complete and ongoing compliance with the Agreement, AccesSOS grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, freely revocable license to: (a) install one copy of our App downloaded from a legitimate app store or distribution platform, such as the Apple App Store, Google Play, or the Amazon Appstore, where the App is made available (each, an “App Provider”), and to use such App so installed solely in object code format and solely for lawful purposes, on mobile devices that you alone own or control; and (b) access and use our Services, including the progressive web application, solely for lawful purposes. The foregoing license grant is not a sale of the Services or any portion thereof, including the App, and AccesSOS or its third-party partners or suppliers retain all right, title, and interest in the Services and all copies thereof.
3.2. License Restrictions. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, by using our Services, you agree not to engage in any prohibited conduct as stated in Section 7. If you access or download our App through the Apple App Store (“iOS App”), you will only use the iOS App (a) on an Apple-branded product that runs Apple’s proprietary operating system (e.g., iOS); and (b) as permitted by Section 6.5. AccesSOS, its suppliers and service providers reserve all rights not granted in the Agreement. AccesSOS may terminate your license for any unauthorized use of our Services or breach of this Agreement. AccesSOS, its suppliers, and service providers reserve all rights not granted in the Agreement. Any unauthorized use of our Services terminates the licenses granted by AccesSOS pursuant to the Agreement.
3.3. Updates. You understand that our Services may evolve over time. As a result, AccesSOS may require you to accept updates to our Services that you have installed on your computer or mobile device. You acknowledge and agree that AccesSOS may update our Services with or without notifying you. You may need to update third-party software or operating systems from time to time in order to use our Services. Each of the terms “App” and “Services”, as used herein, includes any update or modification to such App or Services made available to you by AccesSOS, unless AccesSOS provides separate terms in connection with such update or modification. Unless otherwise stated at the time of download, any future release, update or other addition to our Services shall be subject to the then current version of the Agreement.
3.4. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to our Service (“Feedback”), then you hereby grant AccesSOS an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve our Services and create other products and services.
3.5. Aggregate Data. AccesSOS may use the analytics, statistics, or other data related to a User’s use of the Services (“Usage Data”) to provide and improve the Services, comply with applicable law, and in any other manner or for any other purpose it sees fit, provided that (a) such Usage Data is aggregated with data from other AccesSOS users in a manner that does not allow Usage Data to be separated from such aggregate data and identified as relating to such User; and (b) if the Usage Data is not aggregated and/or the Usage Data can be identified as relating to User, then (i) AccesSOS may only use such Usage Data for internal purposes; and (ii) AccesSOS may not publish, share or otherwise distribute such Usage Data.
Ownership; Proprietary Rights
4.1. AccesSOS Property. The Services are owned and operated by AccesSOS. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (“Materials”) provided by AccesSOS are protected by intellectual property and other laws. All Materials included in our Services are the property of AccesSOS or our third-party licensors. Except as expressly authorized by AccesSOS, you may not make use of the Materials. AccesSOS reserves all rights to the Materials not granted expressly in this Agreement.
4.2. Trademarks. AccesSOS and other related graphics, logos, service marks, and trade names used on or in connection with our Services are the trademarks of AccesSOS and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in our Services are the property of their respective owners.
4.3. Other Content. Except with respect to Your Information, you agree that you have no right or title in or to any content that appears on or in our Services.
4.1. AccesSOS Property. The Services are owned and operated by AccesSOS. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Services (“Materials”) provided by AccesSOS are protected by intellectual property and other laws. All Materials included in our Services are the property of AccesSOS or our third-party licensors. Except as expressly authorized by AccesSOS, you may not make use of the Materials. AccesSOS reserves all rights to the Materials not granted expressly in this Agreement.
4.2. Trademarks. AccesSOS and other related graphics, logos, service marks, and trade names used on or in connection with our Services are the trademarks of AccesSOS and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks, and trade names that may appear on or in our Services are the property of their respective owners.
4.3. Other Content. Except with respect to Your Information, you agree that you have no right or title in or to any content that appears on or in our Services.
Your Information
5.1. Your Information Generally. Certain features of our Services may permit you to upload or share Your Information to our Services and to make Your Information available to third parties as necessary for facilitating access to such third parties’ services and emergency services. You retain any proprietary rights that you may hold in the Your Information that you provide to our Services.
5.2. Limited License Grant to AccesSOS. By submitting Your Information, you grant AccesSOS a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, reproduce, modify, and distribute Your Information to third parties (including, but not limited to, Emergency Service Providers, Mental Health Services, 911 and emergency dispatchers, hospitals, local police forces, local fire departments, and other emergency responders or service providers) in whole or in part, in any media formats and through any media channels now known or hereafter developed, for the purpose of providing, operating, and maintaining the Services and facilitating access to third-party services.
5.3. Your Information Representations and Warranties. We expressly disclaim any and all liability in connection with Your Information. You are solely responsible for Your Information and the consequences of sharing Your Information. By submitting or sharing Your Information, you affirm, represent, and warrant that:
Your Information, and the use of Your Information as contemplated by this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any privacy right, right of publicity, or any other proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
Your Information is accurate and up to date, is not fraudulent, misleading, unlawful, inappropriate, or obscene.
Your Information, and the use of Your Information as contemplated by this Agreement, does not violate any law or regulation. FALSE REPORTING MAY BE A CRIME IN YOUR JURISDICTION. WE ACT ONLY AS A SERVICE PROVIDER AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH ANY FALSE REPORTS YOU MAKE USING OUR SERVICES.
5.4. Your Information Disclaimer. We are under no obligation to edit or control Your Information, and will not be in any way responsible or liable for Your Information. AccesSOS may, however, at any time and without prior notice, screen, remove, edit, or block any of Your Information that in our sole judgment violates this Agreement, violates our policies for use of the Services, or is otherwise objectionable. If Your Information does not conform to this Agreement, we may determine in our sole discretion whether to remove or block Your Information, which we reserve the right to do at any time and without notice. Our Services are not designed to securely receive, store, or process any of Your Information that is sensitive personal or healthcare data, and you acknowledge and agree that we are not a “covered entity” under 45 CFR 160.103. We make no representations or warranties about the security of our Services and storage systems, and you agree that any of Your Information that you provide to us is provided at your own risk.
5.5. Monitoring Content. AccesSOS does not control and does not have any obligation to monitor: (a) Your Information; (b) any content made available by third parties, including any Emergency Service Providers or Mental Health Services; or (c) the use of the Services by its Users. You acknowledge and agree that AccesSOS reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes. If at any time, AccesSOS chooses, in its sole discretion, to monitor the content, AccesSOS nonetheless assumes no responsibility or liability for the content or any loss or damage of any kind incurred as a result of the use of such content. During monitoring, information may be examined, recorded, copied and used in accordance with our Privacy Policy.
5.6. Backups. You are solely responsible for maintaining backups of Your Information outside the Services, and AccesSOS will have no liability whatsoever to you arising out of or in connection with any loss, compromise, or corruption of any data you may submit, receive, transmit, or store through the Services. Once you terminate your Account, you may no longer have access to retrieve or obtain any of Your Information.
5.1. Your Information Generally. Certain features of our Services may permit you to upload or share Your Information to our Services and to make Your Information available to third parties as necessary for facilitating access to such third parties’ services and emergency services. You retain any proprietary rights that you may hold in the Your Information that you provide to our Services.
5.2. Limited License Grant to AccesSOS. By submitting Your Information, you grant AccesSOS a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, reproduce, modify, and distribute Your Information to third parties (including, but not limited to, Emergency Service Providers, Mental Health Services, 911 and emergency dispatchers, hospitals, local police forces, local fire departments, and other emergency responders or service providers) in whole or in part, in any media formats and through any media channels now known or hereafter developed, for the purpose of providing, operating, and maintaining the Services and facilitating access to third-party services.
5.3. Your Information Representations and Warranties. We expressly disclaim any and all liability in connection with Your Information. You are solely responsible for Your Information and the consequences of sharing Your Information. By submitting or sharing Your Information, you affirm, represent, and warrant that:
Your Information, and the use of Your Information as contemplated by this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any privacy right, right of publicity, or any other proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
Your Information is accurate and up to date, is not fraudulent, misleading, unlawful, inappropriate, or obscene.
Your Information, and the use of Your Information as contemplated by this Agreement, does not violate any law or regulation. FALSE REPORTING MAY BE A CRIME IN YOUR JURISDICTION. WE ACT ONLY AS A SERVICE PROVIDER AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH ANY FALSE REPORTS YOU MAKE USING OUR SERVICES.
5.4. Your Information Disclaimer. We are under no obligation to edit or control Your Information, and will not be in any way responsible or liable for Your Information. AccesSOS may, however, at any time and without prior notice, screen, remove, edit, or block any of Your Information that in our sole judgment violates this Agreement, violates our policies for use of the Services, or is otherwise objectionable. If Your Information does not conform to this Agreement, we may determine in our sole discretion whether to remove or block Your Information, which we reserve the right to do at any time and without notice. Our Services are not designed to securely receive, store, or process any of Your Information that is sensitive personal or healthcare data, and you acknowledge and agree that we are not a “covered entity” under 45 CFR 160.103. We make no representations or warranties about the security of our Services and storage systems, and you agree that any of Your Information that you provide to us is provided at your own risk.
5.5. Monitoring Content. AccesSOS does not control and does not have any obligation to monitor: (a) Your Information; (b) any content made available by third parties, including any Emergency Service Providers or Mental Health Services; or (c) the use of the Services by its Users. You acknowledge and agree that AccesSOS reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes. If at any time, AccesSOS chooses, in its sole discretion, to monitor the content, AccesSOS nonetheless assumes no responsibility or liability for the content or any loss or damage of any kind incurred as a result of the use of such content. During monitoring, information may be examined, recorded, copied and used in accordance with our Privacy Policy.
5.6. Backups. You are solely responsible for maintaining backups of Your Information outside the Services, and AccesSOS will have no liability whatsoever to you arising out of or in connection with any loss, compromise, or corruption of any data you may submit, receive, transmit, or store through the Services. Once you terminate your Account, you may no longer have access to retrieve or obtain any of Your Information.
Third-Party Terms
6.1. Third-Party Links. Our Services may contain links to third-party websites, applications, information, materials, products, or services, including to those of the Emergency Service Providers, Mental Health Services, and Payment Providers (as defined below) (“Third-Party Link(s)”) that are not owned or controlled by AccesSOS. If you access a Third-Party Link from the Services, you do so at your own risk, and you understand that AccesSOS’s Terms of Use and Privacy Policy do not apply to your use of such Third-Party Links. AccesSOS provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links.
6.2. Payment Provider. AccesSOS uses a third-party service provider to process any donations made to us (“Payment Provider”). Any donations made to us via such third-party service provider are subject to the applicable terms and policies, including privacy and data gathering practices, of that service provider. You should review the applicable terms and policies of and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
6.3. Carrier Services and Fees. Your use of our Services may be subject to separate third-party terms of service and fees of your mobile network operator (“Carrier(s)”). AccesSOS does not provide you with the equipment to use our App or Website. You are responsible for complying with any third-party terms of service and paying all fees charged by third parties to access and use our App or Website (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of our Services (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier.
6.4. App Provider. You acknowledge and agree that the availability of our App and Services is dependent on the third-party App Provider from whom you received the license for our App (e.g., the Apple App Store). You acknowledge that the Agreement is a binding contract between you and AccesSOS and not with the App Provider. AccesSOS, not the App Provider, is solely responsible for our Services, including our App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You agree to comply with, and your license to use our App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Provider’s terms and policies) when using our Services, including our App. You also agree to comply with all applicable United States, local, and foreign laws related to use of the App and the Services. You acknowledge that the App Provider (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce them.
6.5. Accessing and Downloading our App from the Apple App Store. The following applies to any iOS App accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (i) the Agreement is concluded between you and AccesSOS only, and not Apple; and (ii) AccesSOS, not Apple, is solely responsible for the iOS App and content thereof. Your use of the iOS App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. As between AccesSOS and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of AccesSOS.
You and AccesSOS acknowledge that, as between AccesSOS and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the iOS App or your possession and use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and AccesSOS acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of that iOS App infringes that third party’s intellectual property rights, as between AccesSOS and Apple, AccesSOS, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
You and AccesSOS acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the iOS App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the iOS App against you as a third-party beneficiary thereof.
Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the iOS App.
6.1. Third-Party Links. Our Services may contain links to third-party websites, applications, information, materials, products, or services, including to those of the Emergency Service Providers, Mental Health Services, and Payment Providers (as defined below) (“Third-Party Link(s)”) that are not owned or controlled by AccesSOS. If you access a Third-Party Link from the Services, you do so at your own risk, and you understand that AccesSOS’s Terms of Use and Privacy Policy do not apply to your use of such Third-Party Links. AccesSOS provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links.
6.2. Payment Provider. AccesSOS uses a third-party service provider to process any donations made to us (“Payment Provider”). Any donations made to us via such third-party service provider are subject to the applicable terms and policies, including privacy and data gathering practices, of that service provider. You should review the applicable terms and policies of and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
6.3. Carrier Services and Fees. Your use of our Services may be subject to separate third-party terms of service and fees of your mobile network operator (“Carrier(s)”). AccesSOS does not provide you with the equipment to use our App or Website. You are responsible for complying with any third-party terms of service and paying all fees charged by third parties to access and use our App or Website (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of our Services (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier.
6.4. App Provider. You acknowledge and agree that the availability of our App and Services is dependent on the third-party App Provider from whom you received the license for our App (e.g., the Apple App Store). You acknowledge that the Agreement is a binding contract between you and AccesSOS and not with the App Provider. AccesSOS, not the App Provider, is solely responsible for our Services, including our App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You agree to comply with, and your license to use our App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Provider’s terms and policies) when using our Services, including our App. You also agree to comply with all applicable United States, local, and foreign laws related to use of the App and the Services. You acknowledge that the App Provider (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce them.
6.5. Accessing and Downloading our App from the Apple App Store. The following applies to any iOS App accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (i) the Agreement is concluded between you and AccesSOS only, and not Apple; and (ii) AccesSOS, not Apple, is solely responsible for the iOS App and content thereof. Your use of the iOS App must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. As between AccesSOS and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of AccesSOS.
You and AccesSOS acknowledge that, as between AccesSOS and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the iOS App or your possession and use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and AccesSOS acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of that iOS App infringes that third party’s intellectual property rights, as between AccesSOS and Apple, AccesSOS, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
You and AccesSOS acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the iOS App, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the iOS App against you as a third-party beneficiary thereof.
Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the iOS App.
Prohibited Conduct
BY USING THE SERVICES, YOU AGREE NOT TO:
7.1. Hacking or Interfering. You agree that you will not, under any circumstances: (a) interfere with, damage, disrupt, or overburden our Services or any other person’s use or enjoyment of our Services or institute, assist, or become involved in any type of attack on our Services, including, without limitation, through the use of automation software, hacks, mods, viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (b) modify or cause to be modified any files that are a part of our Services; (c) disrupt, harm, interfere with the security of, or attempt to gain unauthorized access to our Services, Accounts registered to others, or to the computers, servers, or networks connected to our Services or any affiliated or linked sites, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of our Services (including technological measures implemented by any third party or User); (d) access, tamper with, or use non-public areas of our Services, AccesSOS’s computer systems, or the technical delivery systems of AccesSOS’s providers; (e) attempt to probe, scan, or test the vulnerability of any AccesSOS system or network, or breach any security or authentication measures; or (f) upload, post, e-mail, transmit, or otherwise make available 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.
7.2. Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Agreement): (a) reproduce, duplicate, copy, sell, distribute, republish, download display, post, transmit, trade, resell, or exploit any portion of our Services (including your Account) in any form or by any means, except as expressly stated herein, and in no instance for any commercial purposes; (b) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (c) use our Services or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation; (d) engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys, or other duplicative or unsolicited messages (commercial or otherwise); or (f) market any goods or services for any business purposes.
7.3. Unauthorized Use or Access. You agree that you will not, under any circumstances: (a) license, sublicense, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit our Services or any portion of our Services in any medium; (b) modify, translate, adapt, merge, disassemble, decompile, reverse compile, attempt to derive the source code of, reverse engineer, or make derivative works of any part of our Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise; (d) use, display, mirror, or frame our Services, or any individual element within our Service, AccesSOS’s name, any AccesSOS trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without AccesSOS’s express written consent; (e) use any metatags or other “hidden text” using AccesSOS’s name or trademarks; (f) remove or destroy any copyright notices or other proprietary markings contained on or in our Services; (g) use any unauthorized software that accesses, intercepts, “mines,” or otherwise collects information from or through our Services or that is in transit from or to our Services, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by our Services; (h) intercept, examine, or otherwise observe any proprietary communications protocol used by a client, a server or our Services, whether through the use of a network analyzer, packet sniffer, or other device; (i) make any automated use of our Services, or take any action that imposes or may impose (in AccesSOS’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for our Services; (j) bypass any robot exclusion headers or other measures AccesSOS takes to restrict access to our Services, or use any software, technology, or device (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to send content or messages, scrape, spider, or crawl our Services, or harvest or manipulate data from our Services (except that we grant the operators of public search engines revocable permission to use spiders to copy Materials from our Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Materials, but not caches or archives of such Materials); (k) use, facilitate, create, or maintain any unauthorized connection to our Services, including, but not limited to: (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of our Services, or (2) any connection using programs, tools, or software not expressly approved by AccesSOS; (l) access our Services in order to build a similar or competitive website, application, or service; (m) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through our Services; (n) solicit or attempt to solicit personal information from AccesSOS’s contractors or employees, or other Users of our Services; (o) use our Services to collect, harvest, transmit, distribute, or submit any information concerning any other person or entity; (p) use our Services in any way to send altered, deceptive, or false source-identifying information, including any use of number-masking or “spoofing”; or (q) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
7.4. General. In connection with your use of our Services, you shall not: (a) Make available any content that (1) is unlawful, tortious, defamatory, libelous, or racially, ethnically or otherwise objectionable, (2) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability, (3) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group, (4) is violent or threatening, or promotes violence or actions that are threatening to any other person, or (5) promotes illegal or harmful activities; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, AccesSOS personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) make available any content that infringes the rights of any person or entity, including without limitation, any proprietary rights or rights of privacy; (f) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation, or any order of a court; (g) stalk or otherwise harass AccesSOS’s contractors or employees, or any other User of our Services; (h) advocate, encourage, or assist any third party in doing any of the foregoing activities in this Section; (i) share discriminatory, unlawful, infringing, or hateful content via the Services; or (j) report false emergencies or otherwise use the Services to report any false or intentionally misleading information, including false or intentionally misleading information relating to yourself, others, or vulnerable populations including children, elders, or people with disabilities. FALSE REPORTING MAY BE A CRIME IN YOUR JURISDICTION, AND WE ARE IN NO WAY LIABLE FOR ANY FALSE REPORTS YOU MAKE USING OUR SERVICES.
BY USING THE SERVICES, YOU AGREE NOT TO:
7.1. Hacking or Interfering. You agree that you will not, under any circumstances: (a) interfere with, damage, disrupt, or overburden our Services or any other person’s use or enjoyment of our Services or institute, assist, or become involved in any type of attack on our Services, including, without limitation, through the use of automation software, hacks, mods, viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (b) modify or cause to be modified any files that are a part of our Services; (c) disrupt, harm, interfere with the security of, or attempt to gain unauthorized access to our Services, Accounts registered to others, or to the computers, servers, or networks connected to our Services or any affiliated or linked sites, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of our Services (including technological measures implemented by any third party or User); (d) access, tamper with, or use non-public areas of our Services, AccesSOS’s computer systems, or the technical delivery systems of AccesSOS’s providers; (e) attempt to probe, scan, or test the vulnerability of any AccesSOS system or network, or breach any security or authentication measures; or (f) upload, post, e-mail, transmit, or otherwise make available 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.
7.2. Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Agreement): (a) reproduce, duplicate, copy, sell, distribute, republish, download display, post, transmit, trade, resell, or exploit any portion of our Services (including your Account) in any form or by any means, except as expressly stated herein, and in no instance for any commercial purposes; (b) upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (c) use our Services or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation; (d) engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys, or other duplicative or unsolicited messages (commercial or otherwise); or (f) market any goods or services for any business purposes.
7.3. Unauthorized Use or Access. You agree that you will not, under any circumstances: (a) license, sublicense, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit our Services or any portion of our Services in any medium; (b) modify, translate, adapt, merge, disassemble, decompile, reverse compile, attempt to derive the source code of, reverse engineer, or make derivative works of any part of our Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise; (d) use, display, mirror, or frame our Services, or any individual element within our Service, AccesSOS’s name, any AccesSOS trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without AccesSOS’s express written consent; (e) use any metatags or other “hidden text” using AccesSOS’s name or trademarks; (f) remove or destroy any copyright notices or other proprietary markings contained on or in our Services; (g) use any unauthorized software that accesses, intercepts, “mines,” or otherwise collects information from or through our Services or that is in transit from or to our Services, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by our Services; (h) intercept, examine, or otherwise observe any proprietary communications protocol used by a client, a server or our Services, whether through the use of a network analyzer, packet sniffer, or other device; (i) make any automated use of our Services, or take any action that imposes or may impose (in AccesSOS’s sole discretion) an unreasonable or disproportionately large load on the infrastructure for our Services; (j) bypass any robot exclusion headers or other measures AccesSOS takes to restrict access to our Services, or use any software, technology, or device (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to send content or messages, scrape, spider, or crawl our Services, or harvest or manipulate data from our Services (except that we grant the operators of public search engines revocable permission to use spiders to copy Materials from our Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Materials, but not caches or archives of such Materials); (k) use, facilitate, create, or maintain any unauthorized connection to our Services, including, but not limited to: (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of our Services, or (2) any connection using programs, tools, or software not expressly approved by AccesSOS; (l) access our Services in order to build a similar or competitive website, application, or service; (m) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through our Services; (n) solicit or attempt to solicit personal information from AccesSOS’s contractors or employees, or other Users of our Services; (o) use our Services to collect, harvest, transmit, distribute, or submit any information concerning any other person or entity; (p) use our Services in any way to send altered, deceptive, or false source-identifying information, including any use of number-masking or “spoofing”; or (q) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
7.4. General. In connection with your use of our Services, you shall not: (a) Make available any content that (1) is unlawful, tortious, defamatory, libelous, or racially, ethnically or otherwise objectionable, (2) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability, (3) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group, (4) is violent or threatening, or promotes violence or actions that are threatening to any other person, or (5) promotes illegal or harmful activities; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, AccesSOS personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) make available any content that infringes the rights of any person or entity, including without limitation, any proprietary rights or rights of privacy; (f) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation, or any order of a court; (g) stalk or otherwise harass AccesSOS’s contractors or employees, or any other User of our Services; (h) advocate, encourage, or assist any third party in doing any of the foregoing activities in this Section; (i) share discriminatory, unlawful, infringing, or hateful content via the Services; or (j) report false emergencies or otherwise use the Services to report any false or intentionally misleading information, including false or intentionally misleading information relating to yourself, others, or vulnerable populations including children, elders, or people with disabilities. FALSE REPORTING MAY BE A CRIME IN YOUR JURISDICTION, AND WE ARE IN NO WAY LIABLE FOR ANY FALSE REPORTS YOU MAKE USING OUR SERVICES.
Indemnification
You agree to indemnify and hold harmless AccesSOS, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “AccesSOS Parties”) from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Information; (b) your violation of the Agreement; (c) your violation of any rights of another party, including any Users; or (d) your violation of any applicable laws, rules, or regulations, including with respect to false reporting. AccesSOS reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to fully cooperate with AccesSOS in asserting any available defenses. You agree not to settle any matter without the prior written consent of AccesSOS. AccesSOS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This provision does not require you to indemnify any of the AccesSOS Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with our App, Website, or any portion of our Services provided hereunder. You agree that the provisions in this Section will survive any termination of your Account, the Agreement or your access to our Services.
You agree to indemnify and hold harmless AccesSOS, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “AccesSOS Parties”) from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Information; (b) your violation of the Agreement; (c) your violation of any rights of another party, including any Users; or (d) your violation of any applicable laws, rules, or regulations, including with respect to false reporting. AccesSOS reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to fully cooperate with AccesSOS in asserting any available defenses. You agree not to settle any matter without the prior written consent of AccesSOS. AccesSOS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This provision does not require you to indemnify any of the AccesSOS Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with our App, Website, or any portion of our Services provided hereunder. You agree that the provisions in this Section will survive any termination of your Account, the Agreement or your access to our Services.
Disclaimer of Warranties and Conditions
9.1. Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK, AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ACCESSOS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF OUR SERVICES. YOU SHOULD NOT RELY SOLELY ON OUR SERVICES IN AN EMERGENCY, AND SHOULD CONTINUE TO TRY TO RECEIVE HELP FROM OTHER SOURCES.
ACCESSOS PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE; (4) THAT DEFECTS WILL BE CORRECTED; (5) THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (6) THE SERVICES WILL IMPROVE YOUR WELLBEING, OR IDENTIFY AND PREVENT ANY OR ALL INSTANCES OF HARM, INCLUDING BUT NOT LIMITED TO SUICIDE; OR (7) THE API TRANSMISSION OF YOUR INFORMATION OR OTHER TRANSMISSIONS WILL BE CORRECTLY ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION.
WE DO NOT GUARANTEE OUR SERVICES WILL BE TECHNOLOGICALLY ACCESSIBLE FOR ALL USERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM YOUR OR ANY USER’S INABILITY TO ACCESS THE SERVICES. FOR THE AVOIDANCE OF DOUBT, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT (1) YOU HAVE ENABLED LOCATION ACCESS ON YOUR DEVICE AND SUCH LOCATION SERVICES ARE FUNCTIONAL; (2) YOU HAVE OPTED IN TO GRANT THE SERVICES MESSAGING ACCESS ON YOUR DEVICE; (3) YOU HAVE ACCESS TO THE INTERNET OR MOBILE DATA SUFFICIENT TO USE THE SERVICES FROM YOUR DEVICE; (4) YOU HAVE PROVIDED ALL REQUIRED DATA IN CONNECTION WITH ANY REQUEST FOR EMERGENCY SERVICES; AND (5) YOU HAVE PROPERLY AUTHENTICATED YOUR DEVICE WITH THE SERVICES.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH OUR SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS OUR SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, AVAILABILITY, OR USEFULNESS OF ANY INFORMATION OR THIRD-PARTY SERVICES THAT IS ACCESSIBLE THROUGH THE SERVICES AND ANY RELIANCE YOU PLACE ON SUCH INFORMATION OR SERVICES IS STRICTLY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION AND SERVICES BY YOU.
EXCEPT FOR UNCONSCIONABLE COMMERCIAL PRACTICE BY AN ACCESSOS PARTY OR FOR SUCH PARTY’S FRAUD, DECEPTION, FALSE, PROMISE, MISREPRESENTATION OR CONCEALMENT, SUPPRESSION, OR OMISSION OF ANY MATERIAL FACT IN CONNECTION WITH ANY OF OUR SERVICES PROVIDED HEREUNDER, IN NO EVENT WILL ACCESSSOS BE LIABLE FOR ANY DEATH, PROPERTY DAMAGE, OR BODILY INJURY THAT YOU SUFFER, OR THAT YOU CAUSE TO ANY THIRD PARTY, IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING ANY SUCH USE IN BREACH OF SECTION 7. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE ACCESSOS PARTIES AND THEIR SUCCESSORS FROM CLAIMS, DEMANDS, ANY AND ALL LOSSES, DAMAGES, RIGHTS, AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT IS EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO, ANY INTERACTIONS WITH OR CONDUCT OF OTHER USERS OR THIRD-PARTY WEBSITES OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF THE AGREEMENT OR YOUR USE OF OUR SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
OUR SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. ACCESSOS MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF THE SERVICES.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ACCESSOS OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, ACCESSOS MAY OFFER NEW “BETA” FEATURES OR TOOLS, WHICH MAY BE DESIGNATED AS “EARLY ACCESS”, “LIMITED”, “BETA” OR SIMILAR. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT ACCESSOS’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION 9 APPLY WITH FULL FORCE TO ALL SUCH FEATURES OR TOOLS. YOU USE ALL BETA SERVICES AT YOUR OWN RISK.
ACCESSOS OFFERS CERTAIN SERVICES IN LANGUAGES OTHER THAN ENGLISH. THESE SERVICES ARE PROVIDED SOLELY AS A COURTESY TO YOU, AND WE DO NOT GUARANTEE THAT ANY TRANSLATION IS AN ACCURATE OR COMPLETE REPRESENTATION OF THE SERVICES OR THE CONTENT OR INFORMATION PROVIDED IN THE ENGLISH-LANGUAGE VERSION.
9.2. No Medical Services. YOU ACKNOWLEDGE AND AGREE THAT YOUR RELATIONSHIP WITH ANY HEALTHCARE PROVIDER, INCLUDING ANY MENTAL HEALTH SERVICES OR HEALTHCARE PROVIDER WHOSE CONTACT INFORMATION IS MADE AVAILABLE THROUGH THE SERVICES, IS SOLELY WITH SUCH HEALTHCARE PROVIDER. THE ACCESSOS PARTIES DO NOT THEMSELVES PROVIDE SERVICES REQUIRING PROFESSIONAL LICENSURE OR OTHER SIMILAR QUALIFICATIONS (E.G., PHYSICIAN, PSYCHOLOGIST, OR OTHER CLINICAL PROFESSIONAL SERVICES) AND THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL OR OTHER CLINICAL ADVICE OR OPINION.
9.3. No Physician-Patient Relationship. The information generated by AccesSOS or through the Services should not be interpreted as a substitute for a professional therapist or other healthcare professional consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical or other clinical decisions or to diagnose or treat a medical, mental, psychological, or health conditions. Nothing contained in the Services should be construed as such advice or diagnosis. YOUR USE OF THE SERVICES DOES NOT CREATE A PATIENT OR LICENSED MEDICAL PROFESSIONAL RELATIONSHIP, PHYSICIAN-PATIENT PRIVILEGE, PSYCHOTHERAPIST-PATIENT PRIVILEGE, OR DOCTOR-PATIENT CONFIDENTIALITY OR ANY OTHER SIMILAR RELATIONSHIP BETWEEN YOU AND ANY OF THE ACCESSOS PARTIES OR ANY OTHER USERS OF THE SERVICES. You are urged and advised to seek the advice of a professional therapist, physician or a medical professional with any questions you may have regarding your mental health, or any other information or resources that may be referenced, discussed, or offered under the Services. If any information you receive or obtain from using the Services is inconsistent with medical advice received from your physician, you agree to follow the advice of your physician.
9.4. No Liability for Connectivity to the Emergency Service. ACCESSOS DOES NOT GUARANTEE THE AVAILABILITY OF THE EMERGENCY SERVICE IN YOUR LOCATION. EVEN WHERE THE EMERGENCY SERVICE IS AVAILABLE, ACCESSOS DOES NOT GUARANTEE THE AVAILABILITY, RELIABILITY, OR RESPONSIVENESS OF EMERGENCY SERVICE PROVIDERS OR MENTAL HEALTH SERVICES. ACCESSOS DOES NOT HAVE ANY CONTROL OR DIRECTION OVER THE EMERGENCY SERVICE PROVIDERS OR MENTAL HEALTH SERVICES. ACCESSOS SHALL NOT BE LIABLE FOR ANY EMERGENCY SERVICE PROVIDERS’ OR MENTAL HEALTH SERVICES’ ACTIONS, INACTIONS, OBLIGATIONS, CONDUCT, OR SERVICES. WE ARE IN NO WAY RESPONSIBLE FOR THE PROVISION OF EMERGENCY SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO SECURE ALTERNATIVE MEANS OF CONTACTING 911, MENTAL HEALTH SERVICES, OR OTHER EMERGENCY SERVICE PROVIDERS.
9.5. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT ACCESSOS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ACCESSOS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING EMERGENCY SERVICE PROVIDERS, MENTAL HEALTH SERVICES, OPERATORS OF EXTERNAL SITES AND THIRD-PARTY LINKS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. OUR SERVICES ARE INTENDED TO HELP FACILIATE ACCESS TO THIRD-PARTY SERVICES, AND WE ARE IN NO WAY RESPONSIBLE FOR SUCH THIRD-PARTY SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY THIRD PARTY’S ACTIONS OR FAILURE TO ACT AND FROM ANY THIRD-PARTY SERVICES. WE EXPRESSLY DISCLAIM ANY LIABILITY IN THE EVENT A THIRD-PARTY USES INFORMATION AND/OR DATA THAT IS INCORRECT OR FAILS TO CONTACT THE EMERGENCY SERVICE PROVIDER.
9.6. Exclusion of Warranties. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.
9.1. Disclaimer. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK, AND OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ACCESSOS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM USE OF OUR SERVICES. YOU SHOULD NOT RELY SOLELY ON OUR SERVICES IN AN EMERGENCY, AND SHOULD CONTINUE TO TRY TO RECEIVE HELP FROM OTHER SOURCES.
ACCESSOS PARTIES MAKE NO WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE; (4) THAT DEFECTS WILL BE CORRECTED; (5) THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (6) THE SERVICES WILL IMPROVE YOUR WELLBEING, OR IDENTIFY AND PREVENT ANY OR ALL INSTANCES OF HARM, INCLUDING BUT NOT LIMITED TO SUICIDE; OR (7) THE API TRANSMISSION OF YOUR INFORMATION OR OTHER TRANSMISSIONS WILL BE CORRECTLY ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION.
WE DO NOT GUARANTEE OUR SERVICES WILL BE TECHNOLOGICALLY ACCESSIBLE FOR ALL USERS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM YOUR OR ANY USER’S INABILITY TO ACCESS THE SERVICES. FOR THE AVOIDANCE OF DOUBT, YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT (1) YOU HAVE ENABLED LOCATION ACCESS ON YOUR DEVICE AND SUCH LOCATION SERVICES ARE FUNCTIONAL; (2) YOU HAVE OPTED IN TO GRANT THE SERVICES MESSAGING ACCESS ON YOUR DEVICE; (3) YOU HAVE ACCESS TO THE INTERNET OR MOBILE DATA SUFFICIENT TO USE THE SERVICES FROM YOUR DEVICE; (4) YOU HAVE PROVIDED ALL REQUIRED DATA IN CONNECTION WITH ANY REQUEST FOR EMERGENCY SERVICES; AND (5) YOU HAVE PROPERLY AUTHENTICATED YOUR DEVICE WITH THE SERVICES.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH OUR SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS OUR SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, AVAILABILITY, OR USEFULNESS OF ANY INFORMATION OR THIRD-PARTY SERVICES THAT IS ACCESSIBLE THROUGH THE SERVICES AND ANY RELIANCE YOU PLACE ON SUCH INFORMATION OR SERVICES IS STRICTLY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION AND SERVICES BY YOU.
EXCEPT FOR UNCONSCIONABLE COMMERCIAL PRACTICE BY AN ACCESSOS PARTY OR FOR SUCH PARTY’S FRAUD, DECEPTION, FALSE, PROMISE, MISREPRESENTATION OR CONCEALMENT, SUPPRESSION, OR OMISSION OF ANY MATERIAL FACT IN CONNECTION WITH ANY OF OUR SERVICES PROVIDED HEREUNDER, IN NO EVENT WILL ACCESSSOS BE LIABLE FOR ANY DEATH, PROPERTY DAMAGE, OR BODILY INJURY THAT YOU SUFFER, OR THAT YOU CAUSE TO ANY THIRD PARTY, IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING ANY SUCH USE IN BREACH OF SECTION 7. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE ACCESSOS PARTIES AND THEIR SUCCESSORS FROM CLAIMS, DEMANDS, ANY AND ALL LOSSES, DAMAGES, RIGHTS, AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE, THAT IS EITHER DIRECTLY OR INDIRECTLY RELATED TO OR ARISES FROM YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO, ANY INTERACTIONS WITH OR CONDUCT OF OTHER USERS OR THIRD-PARTY WEBSITES OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF THE AGREEMENT OR YOUR USE OF OUR SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
OUR SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. ACCESSOS MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION, AND OTHER CHARACTERISTICS OF THE SERVICES.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ACCESSOS OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, ACCESSOS MAY OFFER NEW “BETA” FEATURES OR TOOLS, WHICH MAY BE DESIGNATED AS “EARLY ACCESS”, “LIMITED”, “BETA” OR SIMILAR. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT ACCESSOS’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION 9 APPLY WITH FULL FORCE TO ALL SUCH FEATURES OR TOOLS. YOU USE ALL BETA SERVICES AT YOUR OWN RISK.
ACCESSOS OFFERS CERTAIN SERVICES IN LANGUAGES OTHER THAN ENGLISH. THESE SERVICES ARE PROVIDED SOLELY AS A COURTESY TO YOU, AND WE DO NOT GUARANTEE THAT ANY TRANSLATION IS AN ACCURATE OR COMPLETE REPRESENTATION OF THE SERVICES OR THE CONTENT OR INFORMATION PROVIDED IN THE ENGLISH-LANGUAGE VERSION.
9.2. No Medical Services. YOU ACKNOWLEDGE AND AGREE THAT YOUR RELATIONSHIP WITH ANY HEALTHCARE PROVIDER, INCLUDING ANY MENTAL HEALTH SERVICES OR HEALTHCARE PROVIDER WHOSE CONTACT INFORMATION IS MADE AVAILABLE THROUGH THE SERVICES, IS SOLELY WITH SUCH HEALTHCARE PROVIDER. THE ACCESSOS PARTIES DO NOT THEMSELVES PROVIDE SERVICES REQUIRING PROFESSIONAL LICENSURE OR OTHER SIMILAR QUALIFICATIONS (E.G., PHYSICIAN, PSYCHOLOGIST, OR OTHER CLINICAL PROFESSIONAL SERVICES) AND THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL OR OTHER CLINICAL ADVICE OR OPINION.
9.3. No Physician-Patient Relationship. The information generated by AccesSOS or through the Services should not be interpreted as a substitute for a professional therapist or other healthcare professional consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical or other clinical decisions or to diagnose or treat a medical, mental, psychological, or health conditions. Nothing contained in the Services should be construed as such advice or diagnosis. YOUR USE OF THE SERVICES DOES NOT CREATE A PATIENT OR LICENSED MEDICAL PROFESSIONAL RELATIONSHIP, PHYSICIAN-PATIENT PRIVILEGE, PSYCHOTHERAPIST-PATIENT PRIVILEGE, OR DOCTOR-PATIENT CONFIDENTIALITY OR ANY OTHER SIMILAR RELATIONSHIP BETWEEN YOU AND ANY OF THE ACCESSOS PARTIES OR ANY OTHER USERS OF THE SERVICES. You are urged and advised to seek the advice of a professional therapist, physician or a medical professional with any questions you may have regarding your mental health, or any other information or resources that may be referenced, discussed, or offered under the Services. If any information you receive or obtain from using the Services is inconsistent with medical advice received from your physician, you agree to follow the advice of your physician.
9.4. No Liability for Connectivity to the Emergency Service. ACCESSOS DOES NOT GUARANTEE THE AVAILABILITY OF THE EMERGENCY SERVICE IN YOUR LOCATION. EVEN WHERE THE EMERGENCY SERVICE IS AVAILABLE, ACCESSOS DOES NOT GUARANTEE THE AVAILABILITY, RELIABILITY, OR RESPONSIVENESS OF EMERGENCY SERVICE PROVIDERS OR MENTAL HEALTH SERVICES. ACCESSOS DOES NOT HAVE ANY CONTROL OR DIRECTION OVER THE EMERGENCY SERVICE PROVIDERS OR MENTAL HEALTH SERVICES. ACCESSOS SHALL NOT BE LIABLE FOR ANY EMERGENCY SERVICE PROVIDERS’ OR MENTAL HEALTH SERVICES’ ACTIONS, INACTIONS, OBLIGATIONS, CONDUCT, OR SERVICES. WE ARE IN NO WAY RESPONSIBLE FOR THE PROVISION OF EMERGENCY SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO SECURE ALTERNATIVE MEANS OF CONTACTING 911, MENTAL HEALTH SERVICES, OR OTHER EMERGENCY SERVICE PROVIDERS.
9.5. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT ACCESSOS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ACCESSOS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING EMERGENCY SERVICE PROVIDERS, MENTAL HEALTH SERVICES, OPERATORS OF EXTERNAL SITES AND THIRD-PARTY LINKS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. OUR SERVICES ARE INTENDED TO HELP FACILIATE ACCESS TO THIRD-PARTY SERVICES, AND WE ARE IN NO WAY RESPONSIBLE FOR SUCH THIRD-PARTY SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY THIRD PARTY’S ACTIONS OR FAILURE TO ACT AND FROM ANY THIRD-PARTY SERVICES. WE EXPRESSLY DISCLAIM ANY LIABILITY IN THE EVENT A THIRD-PARTY USES INFORMATION AND/OR DATA THAT IS INCORRECT OR FAILS TO CONTACT THE EMERGENCY SERVICE PROVIDER.
9.6. Exclusion of Warranties. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.
10.Limitation of Liability
10.1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ACCESSOS PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT ACCESSOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH THIRD-PARTY SERVICE PROVIDERS OR OTHER USERS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (E) ANY OTHER MATTER RELATED TO OUR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN ACCESSOS PARTY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY AN ACCESSOS PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR FOR (2) ANY INJURY CAUSED BY AN ACCESSOS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL ACCESSOS PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) $100; OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN ACCESSOS PARTY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY AN ACCESSOS PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR FOR (2) ANY INJURY CAUSED BY AN ACCESSOS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.3. Your Information. EXCEPT FOR ACCESSOS’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE ACCESSOS PRIVACY POLICY, ACCESSOS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR INFORMATION).
10.4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACCESSOS AND YOU.
10.1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ACCESSOS PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT ACCESSOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH THIRD-PARTY SERVICE PROVIDERS OR OTHER USERS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (E) ANY OTHER MATTER RELATED TO OUR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN ACCESSOS PARTY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY AN ACCESSOS PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR FOR (2) ANY INJURY CAUSED BY AN ACCESSOS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL ACCESSOS PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) $100; OR (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF AN ACCESSOS PARTY FOR (1) DEATH OR PERSONAL INJURY CAUSED BY AN ACCESSOS PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR FOR (2) ANY INJURY CAUSED BY AN ACCESSOS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
10.3. Your Information. EXCEPT FOR ACCESSOS’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE ACCESSOS PRIVACY POLICY, ACCESSOS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR INFORMATION).
10.4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACCESSOS AND YOU.
11.Remedies
Term, Termination, and Modification of the Service
12.1. Term. This Agreement is effective beginning when you accept the Agreement or download, install, access or use the Services, and ending when terminated as set forth in Section 12.2.
12.2. Termination. If you violate any provision of this Agreement, your Account and this Agreement automatically terminate. In addition, AccesSOS may, at its sole discretion, terminate this Agreement and/or your Account on the Services, or suspend or terminate your access to the Services at any time for any reason or no reason, with or without notice. You may cancel your Account at any time by sending an email to us at hello@accessos.io.
12.3. Effect of Termination. Upon termination of this Agreement: (a) your license rights will terminate and you must immediately cease all use of the Services; and (b) you will no longer have access to your Account. Sections 3.4, 3.5, 4, 5.2, 5.3, 5.6, 8, 9, 10, 12.3, 14 and 15 will survive termination of this Agreement.
12.4. Modification of the Services. AccesSOS reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services.
12.1. Term. This Agreement is effective beginning when you accept the Agreement or download, install, access or use the Services, and ending when terminated as set forth in Section 12.2.
12.2. Termination. If you violate any provision of this Agreement, your Account and this Agreement automatically terminate. In addition, AccesSOS may, at its sole discretion, terminate this Agreement and/or your Account on the Services, or suspend or terminate your access to the Services at any time for any reason or no reason, with or without notice. You may cancel your Account at any time by sending an email to us at hello@accessos.io.
12.3. Effect of Termination. Upon termination of this Agreement: (a) your license rights will terminate and you must immediately cease all use of the Services; and (b) you will no longer have access to your Account. Sections 3.4, 3.5, 4, 5.2, 5.3, 5.6, 8, 9, 10, 12.3, 14 and 15 will survive termination of this Agreement.
12.4. Modification of the Services. AccesSOS reserves the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services.
13.Geographic Restrictions
14.Arbitration Agreement
Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with AccesSOS and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
14.1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and AccesSOS agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and AccesSOS may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or AccesSOS may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.
14.2. Informal Dispute Resolution. There might be instances when a Dispute arises between you and AccesSOS. If that occurs, AccesSOS is committed to working with you to reach a reasonable resolution. You and AccesSOS agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and AccesSOS therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to AccesSOS that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to notice@accessos.io or regular mail to our offices located at 1012 Torney Avenue San Francisco, CA 94129. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
14.3. Waiver of Jury Trial. YOU AND ACCESSOS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and AccesSOS are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
14.4. Waiver of Class and Other Non-Individualized Relief. YOU AND ACCESSOS AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 14.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 14.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and AccesSOS agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or AccesSOS from participating in a class-wide settlement of claims.
14.5. Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and AccesSOS agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer Rules.pdf.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and AccesSOS otherwise agree, or the Batch Arbitration process discussed in Section 14.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.
You and AccesSOS agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
14.6. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 14.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.
14.7. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 14.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 14.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 14.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 14.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 14.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
14.8. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or AccesSOS need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
14.9. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and AccesSOS agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against AccesSOS by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by AccesSOS.
You and AccesSOS agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
14.10. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 1012 Torney Avenue San Francisco, CA 94129, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
14.11. Invalidity, Expiration. Except as provided in Section 14.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with AccesSOS as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
14.12. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if AccesSOS makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to AccesSOS at 1012 Torney Avenue San Francisco, CA 94129, your continued use of the Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. AccesSOS will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.
Please read this section (the “Arbitration Agreement”) carefully. It is part of your contract with AccesSOS and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
14.1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and AccesSOS agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (i) you and AccesSOS may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) you or AccesSOS may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.
14.2. Informal Dispute Resolution. There might be instances when a Dispute arises between you and AccesSOS. If that occurs, AccesSOS is committed to working with you to reach a reasonable resolution. You and AccesSOS agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and AccesSOS therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to AccesSOS that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to notice@accessos.io or regular mail to our offices located at 1012 Torney Avenue San Francisco, CA 94129. The Notice must include: (1) your name, telephone number, mailing address, e‐mail address associated with your Account (if you have one); (2) the name, telephone number, mailing address and e‐mail address of your counsel, if any; and (3) a description of your Dispute.
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
14.3. Waiver of Jury Trial. YOU AND ACCESSOS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and AccesSOS are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
14.4. Waiver of Class and Other Non-Individualized Relief. YOU AND ACCESSOS AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 14.9 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 14.9 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and AccesSOS agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or AccesSOS from participating in a class-wide settlement of claims.
14.5. Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and AccesSOS agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer Rules.pdf.
A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
Unless you and AccesSOS otherwise agree, or the Batch Arbitration process discussed in Section 14.9 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.
You and AccesSOS agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
14.6. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 14.9 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.
14.7. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 14.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 14.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 14.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 14.9 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 14.9 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
14.8. Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or AccesSOS need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
14.9. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and AccesSOS agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against AccesSOS by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).
All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by AccesSOS.
You and AccesSOS agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.
This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
14.10. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 1012 Torney Avenue San Francisco, CA 94129, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
14.11. Invalidity, Expiration. Except as provided in Section 14.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with AccesSOS as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
14.12. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if AccesSOS makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to AccesSOS at 1012 Torney Avenue San Francisco, CA 94129, your continued use of the Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. AccesSOS will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.
15.General Provisions
15.1. Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without AccesSOS’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. AccesSOS may freely assign this Agreement.
15.2. Force Majeure. AccesSOS shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
15.3. Questions and Complaints. If you have any questions, complaints, or claims with respect to our Services, please contact us at: hello@accessos.io. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
15.4. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court rather than in arbitration as set forth in Sections 14.1 and 14.5, both you and AccesSOS agree that all such claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in San Francisco, California.
15.5. Governing Law. THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
15.6. Notice. Where AccesSOS requires that you provide an e-mail address, you are responsible for providing AccesSOS with your most current e-mail address. In the event that the last e-mail address you provided to AccesSOS is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Agreement, AccesSOS’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to AccesSOS at notice@accessos.io. Any such notice by email shall be deemed given on the date on which such notice is transmitted.
15.7. Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
15.8. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
15.9. Export Control. You may not use, export, import, or transfer our Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained our Services, and any other applicable laws. In particular, but without limitation, our Services may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using our Services, 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. You also will not use our Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services, or technology provided by AccesSOS are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer AccesSOS products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
15.10. Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. Notwithstanding any Services that you may be able to access in other languages, this English language version of the Agreement shall control your access to and use of such Services.
15.1. Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without AccesSOS’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. AccesSOS may freely assign this Agreement.
15.2. Force Majeure. AccesSOS shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
15.3. Questions and Complaints. If you have any questions, complaints, or claims with respect to our Services, please contact us at: hello@accessos.io. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
15.4. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court rather than in arbitration as set forth in Sections 14.1 and 14.5, both you and AccesSOS agree that all such claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in San Francisco, California.
15.5. Governing Law. THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
15.6. Notice. Where AccesSOS requires that you provide an e-mail address, you are responsible for providing AccesSOS with your most current e-mail address. In the event that the last e-mail address you provided to AccesSOS is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Agreement, AccesSOS’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to AccesSOS at notice@accessos.io. Any such notice by email shall be deemed given on the date on which such notice is transmitted.
15.7. Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
15.8. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
15.9. Export Control. You may not use, export, import, or transfer our Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained our Services, and any other applicable laws. In particular, but without limitation, our Services may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using our Services, 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. You also will not use our Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services, or technology provided by AccesSOS are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer AccesSOS products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
15.10. Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. Notwithstanding any Services that you may be able to access in other languages, this English language version of the Agreement shall control your access to and use of such Services.